Last updated: March 3, 2021
BY ENTERING AND USING THE SITE OR ANY CONTENT, OR BY CLICKING “I AGREE” TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND THE AGREEMENT. IF YOU DO NOT WISH TO ENTER INTO AND BE BOUND BY THE AGREEMENT, DO NOT ACCESS OR USE THE SITE OR ANY CONTENT AND DO NOT CLICK “I AGREE.”
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND LEE ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT BELOW WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND LEE TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
The Site and Content are intended for use by individuals 18 years of age and older. By accessing or using the Site or any Content, you represent and warrant that you are over 18 years of age.
The Agreement is entered into as of the earlier of the date you first access or use the Site or click “I Agree” to these Terms, and will continue until terminated as set forth herein.
Access to or use of certain areas or functionality of the Site may require that you agree to certain terms in addition to these Terms (“Additional Terms”). In particular, if you enter into contests or sweepstakes through the Site, you must first agree to any Additional Terms applicable such contests or sweepstakes. Any Additional Terms govern the offerings covered by such Additional Terms. These Terms, together with all Additional Terms you enter into with us, constitute the entire agreement between you and us with respect to your access to and use of the Site and any Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
We reserve the right, at any time, to modify the Site and any Content, as well as these Terms, whether by making those modifications available on the Site or by providing you notice as specified in these Terms. Any modifications will be effective upon posting to the Site or delivery of such notice. You may cease using the Site or Content at any time if you do not agree to any modification. Subject to the applicable provisions of these Terms, you may also terminate this Agreement. However, you will be deemed to have agreed to any and all modifications through your continued use of the Site or Content following such notice.
USE OF THIS SITE
Subject to your compliance with these Terms, we will permit you to access and use the Site and Content solely for your own personal and non-commercial purposes and only in accordance with these Terms. You are solely responsible for obtaining and maintaining all equipment, facilities, and connectivity required to use the Site and any Content.
Our Intellectual Property
This Site, including the databases, software, hardware and other technology we use to operate this Site, and all Content available through this Site, are owned by us or our third party providers. All Content is made available for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. The Site and Content and are protected by U.S. and international copyright, trademark and other intellectual property laws and you may not, without our prior written consent, (1) alter, modify, copy, reproduce, or create derivative works of the Site or any Content, except that you may download, display, and print one copy of any Content on a single computer for your personal, non-commercial use only; (2) republish, upload, post, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (3) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with the Site or any Content. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of any Content available through the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in or on any Content you receive through the Site. Using any of our Content on any other website or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site, provided that the link does not state or imply our sponsorship of the other website and further provided that you do not frame any of the Content of the Site or incorporate into another website or other service any of our intellectual property.
Links to Other Sites
Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site, or any website linking to this Site, or the Content on any of the foregoing. We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its Content, or any products or services advertised or distributed through that website. The privacy policies of other website may differ from ours so if you have questions about other websites’ privacy policies, please contact them directly.
This Agreement will remain in effect until terminated by either party. You may terminate this Agreement at any time by ceasing to access the Site and by destroying all Content that you have downloaded from the Site. You acknowledge and agree that we may terminate your access to all or any part of the Site, with or without notice, for any or no reason, in our sole discretion, without liability of any kind. We may also, in our sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice, without liability of any kind. Upon termination or expiration of this Agreement for any reason: (1) all rights and licenses granted to you under this Agreement will terminate; and (2) you will immediately cease all use of and access to the Site and any Content. Any provisions of these Terms that by their nature extend beyond expiration or termination will remain in effect until fulfilled.
Without limiting our right to terminate this Agreement, we may also suspend your access to the Site (including any Content), with or without notice to you, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct that we deem to be inappropriate or detrimental to us, the Site, or any other user.
EXCLUSION OF WARRANTY
USE OF OR RELIANCE UPON ANY CONTENT IS AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, OR THE CONTENT PROVIDED THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CONTENT AVAILABLE ON THE SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT AVAILABLE ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF OR RELIANCE UPON THE SITE OR ANY CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE SITE OR ANY CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LEE’S LIABILITY UNDER THESE TERMS OR THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US TO ACCESS OR USE THE SITE OR CONTENT.
Unless otherwise specified in these Terms, any notices required or allowed under the Agreement will be provided to us by postal mail to Lee Enterprises, Incorporated 4600 E 53rd St. Davenport, IA 52807 or via email to email@example.com. We may provide you with any notices required or allowed under these Terms by sending you an email to any email address you provide to us in connection with your use of the Site, provided that in the case of any notice applicable both to you and other users of the Site, we may instead provide such notice by posting on the Site. Notices provided to us will be deemed given when we actually receive them. Notice provided to you will be deemed given 24 hours after posting to the Site or sending via e-mail, unless (as to e-mail) we are notified that your e-mail address is invalid.
You and Lee agree that any dispute that has arisen or may arise between us relating in any way to: your use of or access to the Site or Content; any validity, interpretation, breach, enforcement, or termination of this Agreement; or otherwise relating to Lee in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth below.
You and we agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Iowa, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of your residence or the location of where you use the Site or Content.
OUR AGREEMENT TO ARBITRATE
You and we agree that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitration will be conducted in the English language at a site specified by us in Davenport, Iowa. You and we agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is are void or voidable or a particular claim is subject to arbitration. You and we agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Exceptions to the Agreement to Arbitrate Disputes
There are only two exceptions to this agreement to arbitrate: First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision of these Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and us. If you do not agree to these amended terms, you may cease all use of the Site and Content within 30 days of the posting or notification and you will not be bound by the amended terms, notwithstanding anything to the contrary herein.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise and except as described above, regarding small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Lee must be resolved exclusively by a state or federal court located in Davenport, Iowa. You and we agree to submit to the exclusive personal jurisdiction of the courts located within Davenport, Iowa for the purpose of litigating all such claims or disputes.
YOU MAY OPT-OUT OF ARBITRATION
IF YOU ARE A USER OF THE SITE OR CONTENT, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@FEASTANDFIELD.NE] (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS AND ENTER INTO THE AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER, YOU HAVE UNTIL 30 DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and any email address(es) you have provided in connection with your use of the Site, to: firstname.lastname@example.org. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
YOU WAIVE CERTAIN RIGHTS
BY AGREEING TO THESE TERMS AND ENTERING INTO THE AGREEMENT WITH US, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO (1) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT OR IN CONNECTION WITH INTERIM RELIEF IN CONNECTION WITH AN INFRINGEMENT CLAIM, AS PROVIDED ABOVE), (2) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (3) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THESE TERMS.
STATUTE OF LIMITATIONS FOR YOUR CLAIMS
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITEOR CONTENT, OR THIS AGREEMENT, MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
In the event any provision in these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Your access to and use of the Site and any Content is independent and you shall not be construed as an employee, agent or partner of, or joint venturer with us for any purpose. You may not assign or transfer (in whole or in part and including by sale, merger, consolidation, or other operation of law) any of your rights or obligations under this Agreement without Lee’s prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these this Agreement to any party that assumes our obligations hereunder.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section and subheading titles are for convenience only and have no legal or contractual effect. In interpreting and construing this Agreement, "including," "include," "includes" and variations thereof will be construed as if followed by the phrase "without limitation.”