Terms and Conditions of Use - Breitbart News Foundation

Last updated: January 14, 2025

Effective Date: December 19, 2024

BY USING OR VISITING THIS WEBSITE, breitbartnewsfoundation.com and all websites, mobile websites, and applications associated therewith (collectively, the “Site“) and content available through the www.breitbartnewsfoundation.com domain name and any other affiliated domain name, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the “Terms of Use”).

The Site is a news service made available to you by BREITBART NEWS FOUNDATION, INC., a non-profit corporation (“BREITBART NEWS FOUNDATION”, “BNF”, “we” or “us”). All of the content, software and services available through the Site, including but not limited to any licensing services, whether offered by BREITBART NEWS FOUNDATION or a third party link provided by the Site are referred to herein as the “Services.”

Please read the Terms of Use carefully before using the Services. THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT, WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. Your continued access and use of any Site after changes have been made to these Terms of Use constitutes your acceptance of the revised Terms of Use. If you do not understand and accept the provisions set forth in the Terms of Use, do not use the Services or access the Site.

ACCEPTANCE OF TERMS OF USE

YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU AGREE THAT:

you will use the Services in accordance with the Terms of Use and any additional terms, conditions, rules or procedures imposed by BNF or by third party content or service providers that may apply, and applicable laws and regulations;
these Terms of Use are a legally binding agreement and the equivalent of a signed written contract; and
you have received, understood, and accepted these Terms of Use.

YOUR USE OF THE SERVICES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AND ALL OF BNF’S RULES AND RESTRICTIONS RELATED TO THE SERVICES, AS THEY MAY CHANGE FROM TIME TO TIME. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE. FROM TIME TO TIME, WE MAY PROVIDE ADDITIONAL SERVICES. YOU MAY BE ASKED IN THE FUTURE TO AGREE TO ADDITIONAL TERMS BEFORE YOU CAN ACCESS THESE ADDITIONAL SERVICES. REGARDLESS OF WHETHER THIS OCCURS, YOUR CONTINUED USE OF THE SITE OR SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF THESE ADDITIONAL TERMS.

ACCESS; VERIFICATION; USE OF PERSONAL INFORMATION

You must be at least 13 years of age to use the Services. Verification of your age may be requested or required in connection with your use of all or a portion of the Services. Should BNF suspect that your personal data provided is not accurate or complete, BNF may suspend or terminate your access to the Services.

By using the Services, you indicate that you have reviewed and understand the information outlined in BNF’s Privacy Policy (“Privacy Policy”).

Each email communication we send you will contain instructions permitting you to opt-out of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the “unsubscribe” procedure included with the email communication, where you will be provided with an opportunity to opt-out from all or a portion of communications to which you subscribe.

Our Site allows you in some instances to send to or share content with others, such as through “email this” feature that allows you to send content to an email address you provide. Only provide contact information for those individuals who have told you they want to receive content. By providing someone’s contact information, you represent and warrant that they have confirmed to you they want to receive such content.

USE OF SERVICES; PROHIBITED CONTENT AND ACTIVITIES

You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services.

Without limiting the forgoing, you agree not to:

use the Services for any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without BNF’s express prior written approval and, if then, solely in accordance with terms and conditions imposed by BNF with respect thereto;
not to use the Services or any element or portion thereof (including, without limitation, email addresses of users) for any commercial purpose whatsoever;
use the Services in any way that abuses, defames, stalks, annoys, threatens, harasses or violates the rights of privacy, publicity, intellectual property or other legal rights of a person or entity (now or hereafter recognized) or which encourages conduct which would violate any law or give rise to civil or criminal liability or post, publish, transmit, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene, lewd, lascivious, filthy, excessively violent or illegal/unlawful material or matters, including, without limitation, information, topics, names or other material;
use a user name, address, credit card information, email address, pseudonym or other identity belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
use a user name, email address, or header that BNF, in its sole discretion, deems inappropriate;
upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals;
upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of BNF’s Services, networks or servers or to another’s computer;
restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
disclose personal information and/or collect information about others, including email addresses, without their prior consent; or
violate any applicable domestic or international laws or regulations.

With the exception of web browser access, you agree not to use bots, spiders, intelligent agent software or any other software, program, application or any other device to access the Site or the Services to automate the process of obtaining, harvesting, uploading, transferring or transmitting any content to or from BNF’s computer systems, the Site or the Services. You agree not to, nor to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services and not to data mine the Services or in any way cause harm to or burden the Services.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms of Use. BNF reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that BNF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

USER CONTENT AND SUBMISSIONS

The Services may permit you to submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with the use of the Services (collectively, the “User Content”). This User Content may reside on our servers or on the servers of a third party. You are solely responsible for the User Content and other content that you submit, post or distribute on or through the Services or Site and any material or information that you transmit to others and for your interactions with others, including adhering to and complying with all applicable laws. BNF does not control, endorse, or review the User Content, messages or information submitted, posted or distributed by users, and, therefore, BNF specifically disclaims any responsibility with regard thereto and reserves the right to remove or alter any User Content for any reason.

You agree not to provide User Content that:

infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
violates a person’s right to privacy or publicity;
contains advertising or a solicitation of any kind;
degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
contains epithets or other language or material intended to intimidate or to incite violence; or
violates these Terms of Use or any applicable local, state, national, or international law, or advocates illegal activity.

If the Services permit you to post or publish User Content, you may only post User Content that is original and that you have the right to post. You grant to BNF a royalty-free, non-exclusive, world-wide, irrevocable, transferable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, right and license to fix, copy, reproduce, display, modify, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, dub, translate, advertise, publish, sell, vend, rent, lend, distribute, broadcast (by terrestrial, cable, satellite or any other means), cybercast, perform, utilize, create derivative works of, or otherwise exploit (collectively, “Exploit”) your User Content, in any and all manner, mediums or methods, now known or later devised. You hereby waive and relinquish all rights known as “moral rights’ or “droit moral” now or hereafter recognized.

You represent and warrant that you own the User Content submitted, posted or distributed by you on or through the Services or Site or otherwise have the right to grant the license set forth in this Terms of Use from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate, and that the submission, posting or distribution of your User Content on or through the Services or Site does not violate the rights of privacy, publicity, copyrights contract or any other legal rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content submitted, posted or distributed by you to or through the Services or the Site.

You acknowledge and agree that those features and Services through which you can post or upload User Content (“Forums”) are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Services and may employ anonymous user usernames when doing so. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

The Services may have features that allow you to send or exchange messages with third parties. BNF makes no warranties, express or implied, takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other user sends, receives, distributes or posts through any email or instant message system. You agree to defend, indemnify and hold harmless BNF, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors, as applicable, from and against all claims resulting from content, materials, messages, and the like that you send, receive, submit, post or distribute in connection with the Services or the Site, including sending an email through the Services.

If you are under the age of 13, you may not submit any User Content to us. If you are under the age of 18 but at least 13 years of age, you may submit User Content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

VIOLATION OF TERMS OF USE

You agree that BNF, in its sole discretion, may suspend or terminate your access to the Services and remove and discard any User Content within the Service or Site for any reason, including, without limitation, if BNF believes that you have violated or acted inconsistently with your obligations under the Terms of Use or any other reason whatsoever. BNF may also, in its sole discretion, discontinue providing the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice and acknowledge and agree that BNF may immediately delete your User Content. BNF reserves the right to bar any further access to such files or the Services. You agree that BNF shall not be liable to you or any third party for any termination of your access to the Services or Site or deletion of your User Content.

BREITBART NEWS FOUNDATION CONTENT

The Services contain content, information, materials, computer code, and more belonging to BNF (“BNF Content”) which is protected by copyright, trademark, patent, trade secret and other laws and BNF either owns and retains or licenses all Intellectual Property Rights (as defined below) in the BNF Content, Site and Services. BNF hereby grants you a limited, revocable, non-sublicensable non-exclusive license to display the BNF Content (excluding any software code) solely for your personal use in connection with using the Services in accordance with the Terms of Use. Copying or downloading these materials for anything other than your personal use is a violation of these Terms of Use. “Intellectual Property Rights” means any and all (by way of whatever name or term known or designated) tangible and intangible and now known and hereafter existing (a) rights associated with works of authorship throughout the universe, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated) (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and (f) all registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing).

You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by BNF or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the BNF Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of BNF and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from the Services.

The Services contain the content of other users and other BNF licensors. Except for User Content posted by you, and as otherwise expressly permitted herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise Exploit any BNF Content or other content appearing on or through the Site or Services.

THIRD PARTY SERVICES; EXTERNAL LOCATIONS AND LINKING

Our Services may permit you to use the Services to post your User Content to other websites, such as social media websites, and BNF may use or link third parties to provide certain services accessible through the Site (collectively, “Third Party Services”). BNF does not control, operate or maintain such third parties, their websites, or their services, and you agree that BNF will not be liable to you in any way for your use of such Third-Party Services. These Terms of Use do not apply to Third Party Services or websites, and such websites and online services are not part of the Services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as the Terms of Use when you use these Services. If any such terms or policies conflict with the Terms of Use, you must comply with the Terms of Use, as applicable.

The Services may contain links to third party sites and the ability to access external portions of the Internet. You agree that BNF is not responsible for the availability of these third-party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby. Such links do not constitute an endorsement by BNF of those other websites or online services, the content displayed therein, or the persons associated therewith. You acknowledge that some third-party sites may contain materials or communications which are unedited, untrue, and illegal in some jurisdictions and may be offensive. You agree to access third party sites at your own risk and not to permit minors to have access to inappropriate material. You agree that BNF shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third party site and you hereby irrevocably waive any and all claims related thereto against BNF, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.

MODIFICATION; TERMINATION

The Terms of Use set out the legally binding terms for your use of the Services.
We reserve the right to change, modify, add to or remove all or part of the Terms of Use at any time and such modification shall be effective upon posting by BNF to the Site. Otherwise applicable sections of the Terms of Use shall survive termination. You agree to check the Terms of Use for updates on a regular basis and to discontinue use of the Site if you do not agree with the then operative Terms of Use.
You agree to be bound to any changes to the Terms of Use when you use Services after any such modification is posted. If you do not consent to any of the changes of the Terms of Use, your only remedy is to terminate your use of the Services. Your failure to terminate use of the Services shall constitute acceptance of the changes to the Terms of Use.
We also reserve the right to seek all remedies available at law and in equity for violations of the Terms of Use. Upon termination, you must cease all use of the Services, including any of the BNF Content.

INDEMNIFICATION; LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless BNF and its parents, subsidiaries, affiliates, employees, representatives, agents, directors, officers, managers, shareholders, third party content providers and licensors (the “Indemnified Parties“) from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) arising out of (i) your use of the Services (including, without limitation, your User Content and your use of any BNF Content); (ii) your online conduct; (iii) your violation, breach or alleged breach of these Terms of Use; (iv) your failure to comply with any applicable laws or regulations; (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person; or (vi) any of your dealings or transactions with other persons resulting from use of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter you are required to indemnify us, and you agree to cooperate with our defense of these claims.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER BNF NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BNF OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE TERMS OF USE OR SERVICES.

DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THE TERMS OF USE).

WITHOUT LIMITING THE FOREGOING, NEITHER BNF NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. BNF shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site.

ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BNF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

BNF DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NEITHER BNF NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER BNF NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER BNF NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BNF OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

GOVERNING LAW; ARBITRATION; DISPUTE; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

Agreement to Arbitrate

You and we agree that any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to this Agreement, other agreements on the Services, or the Privacy Policy (“Privacy Policy”), or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Los Angeles, California before one arbitrator or submitted to small claims court in Los Angeles, California. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

No Class Actions

YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration

If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Breitbart News Foundation, Inc. c/o Webmaster, 149 S. Barrington Ave., #735, Los Angeles, CA 90049. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award

In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer; we will pay your awarded damages or US $250, whichever is greater.

Injunctive Relief

Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality

You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Coordinated Proceedings

If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Governing Law and Rules

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Indiana, exclusive of conflict or choice of law rules. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Severance of Arbitration Agreement

If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

MISCELLANEOUS

The Terms of Use are effective until terminated by either party. Users may terminate the Terms of Use by discontinuing their access the Site or Services. The privileges granted to you under the Terms of Use will terminate immediately and automatically without notice from BNF if, in its sole discretion, you fail to comply with any term or provision of the Terms of Use. Upon such termination (i) all licenses granted by BNF to you hereunder will terminate and you will no longer have permission to access the Site or Services; and (ii) the following rights and provisions shall survive in perpetuity: (a) all licenses granted hereunder by you to BNF; (b) all provisions of these Terms of Use entitled “Limitation of Liability and Indemnification”, “Disclaimers; Limitations; and Waivers of Liability”, all other disclaimers of warranties and liabilities by BNF, and (c) all provisions providing, in whole or in part, that users shall defend, indemnify and hold harmless BNF or third parties.

The Terms of Use contains the entire understanding of you and BNF and supersedes all prior understandings of the parties hereto relating to the subject matter hereof and cannot be changed or modified by you except by a writing signed by an authorized signatory for BNF. The Terms of Use are NOT part of any employment contract or offer for employment.

If any provision of the Terms of Use is found to be invalid, illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

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.

We may assign these Terms of Use at any time with or without notice to you. You may not assign or sublicence these Terms of Use or any of your rights and obligations under these Terms of Use without our prior written consent.

The section headings used herein are for convenience only and shall not be given any legal import.

STATE SPECIFIC PROVISIONS

California

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.

New Jersey

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c)Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

CONTACT US

If you have questions about these Terms of Use or your use of the Services, please contact us at [email protected] or send a written request to Breitbart News Foundation, Inc. c/o Webmaster, 149 S. Barrington Ave., #735, Los Angeles, CA 90049.