Last Revised: June 2, 2025

These Terms of Service (the “Terms”) is a legal agreement entered into between you (“you,” “your,” or “Member”) and NewsAnchored, LLC (“NewsAnchored,” “Company,” “us,” or “we”), which is the owner and operator of www.newsanchored.com (the “Site”) and the related publication services platform, applications, tools, products and benefits we may offer to you through the Site (collectively, along with the Site, hereinafter referred to as the “Services”). These Terms along with the Policies (as defined below) state the terms and conditions that govern your use of/access to the Services and constitute a legally binding agreement made between you and us. By accessing and continuing your use of our Services, or by checking any authorizations boxes accompanying any links or messages by which you arrived at these Terms, you agree to be bound by these Terms and all other terms, such as our Privacy Policy, as updated from time to time and incorporated herein by reference. 

If you do not agree to these Terms, do not access or use the Services. Your access or use of the Services is also contingent upon your timely payment of applicable fees and expenses (as outlined below), and your continued compliance with these Terms, the Privacy Policy, and any other existing or subsequently issued policies with respect to your access and use of the Services (collectively, the “Policies”). If you do not agree to the Policies, or if you breach any of the Policies, you may not be permitted to utilize the Services, and your Account (as defined below) may be terminated.

Changes and Modifications: We reserve the right, in our sole discretion, to change or modify any of the Terms, the Site, and/or the Services at any time. If we decide to change our Terms, we will notify you by revising the date at the top of the Terms. Any changes or modifications of the Terms will be effective immediately upon posting them unless otherwise provided in writing. In addition, we may, but do not have an obligation to, notify you of changes or modifications to these Terms by email to your email address listed in connection with your Account, therefore it is important that you keep your Account Information (defined below) current. You hereby waive any right to receive specific notice of each such change. Your use of the Sites and/or the Services following the posting of changes or modifications to the Terms will constitute your acceptance of the revised Terms. Therefore, you should review the Terms and applicable Policies from time to time to understand the terms and conditions that apply to your use of the Site and/or Services. If you do not agree to the amended terms, you must immediately stop using the Site and/or Services.

You must also be at least eighteen (18) years old to use the Services and by accessing or using our Services, you represent and warrant that you are at least eighteen (18) years old. If you are not 18 years old, do not continue to use the Services.

If you are using the Services on behalf of another individual or entity (e.g., your client) (each a “Beneficiary”), you represent, warrant, and agree: (1) that all Beneficiaries are at least 18 years old; (2) that you have disclosed to each Beneficiary your use of our Services and these Terms; (3) that you will truthfully and accurately disclose the name and contact information for any Beneficiary necessary for us to accurately confer that information to others (e.g., in by lines and other disclosures used in connection Member Articles); (4) that all materials submitted by you for each Beneficiary (“Beneficiary Materials”) comply with these Terms; and (5) that you shall indemnify and defend us (a) from any third-party claim that Beneficiary Materials do not comply with these Terms or otherwise violate any third-party’s rights or applicable laws, and (b) from any claim brought by any Beneficiary you used our Services on behalf of.

Section 1. OUR SERVICES & YOUR ACCOUNT

1.1 Our Services Generally. Our Services offer you, our Members, a one-stop shop for uploading and/or creating news articles (each a “Member Article”) and seamlessly select from and publish your Member Articles to a number of our affiliated publishing partners (each an “Affiliate Publisher” and collectively the “Affiliate Publishers,” and each Affiliate Publisher’s website an “Affiliate Site” and, collectively, all Affiliate Publishers’ websites the “Affiliate Sites”). You may upload pre-written articles that you have already written, or use ArticleGenie®, our artificial intelligence technology (“AI”), to assist you in the creation of Member Articles. Our team will review each Member Article you submit to ensure that it meets our publishing requirements before publishing to the Affiliate Sites you select. We also offer several related services and products, such as custom covers that you can create when publicizing your Member Articles. Subject to the Member Content section below, you may also include images that you own or have the right to use (“Member Images”) or choose from our selection of stock images (“Stock Images”) for use with the publication of your Member Articles. All specific Services and the Fees (defined below) associated therewith can be viewed, selected, and purchased through a dashboard available to you when you log into your Account (defined below). 

Trial Services. From time to time, we may offer new Services or new features in a pre-release version or limited preview basis (“Trial Releases”). If we offer you participation in these Trial Releases and you elect to utilize or participate in the Trial Releases, then your use is subject to the following terms and conditions: (a) you acknowledge and agree that the Trial Releases are provided “as-is” and may not work without error; (b) such Trial Releases when commercially released may change substantially and at any time; (c) we may limit the number of participants in the Trial Releases and/or the customer service or support time dedicated to supporting the Trial Releases; (d) you may be required to provide feedback regarding your use and experience with the Trial Releases to be incorporated into such Services when released; and (e) all information regarding your use of the Trial Releases, including your experience with and opinions in relation thereto shall be treated by you as confidential, and may not be used for any purpose other than providing feedback to us. 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRIAL RELEASES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

1.2 Your Account. While portions of the Site and Services can be viewed without an Account, in order to access the full Services, you will be required to create a profile or account (an “Account”) and select a membership option (see more below). Creating an Account shall include, but not be limited to, your username, password, contact information (including personal mailing and/or personal email address), as well as Payment Method (defined below) (collectively, “Account Information”). You represent and warrant to us that all information you submit when you create your Account is current, accurate, complete, and that you will keep your Account Information current, accurate and complete and notify us of any changes to your Account Information. In the creation of your Account, you are not impersonating any third party or otherwise using any third party’s information without their written approval. As mentioned above, if you use your Account on behalf of a Beneficiary, you must provide the full legal name of the Beneficiary related to the specific Member Articles being published.

If we have reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right, in our sole discretion, to suspend or terminate your Account, and/or suspend or terminate your use of the Services and to remove any Member Articles you have published to any of our affiliate publisher sites. At all times, you shall keep your Account personal to you and not permit any third party to access your Account or Account Information.

You are solely responsible for the activity that occurs in connection with your Account, whether authorized by you or not, and you must keep your Account Information secure, including, without limitation, your username and password. You must notify us immediately of any breach of security or unauthorized use of your Account by emailing us at info@newsanchored.com. We will not be liable for any loss you incur due to any unauthorized or improper use of your Account Information by you or third parties. You, however, may be liable for any loss we or others incur caused by use of your Account Information, whether caused by you, by an authorized person, or by an unauthorized person.

1.3 Communications with Us. You agree that we may, from time-to-time, call, email, or otherwise communicate with you about your Account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow us, in our sole discretion, to record the entirety of such calls or communications regardless of whether we ask you on any particular call for consent to record such call or communication. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) or communication(s) may be submitted as evidence in any legal or regulatory proceeding in which we are a party or witness.

1.4 Account Transfers. Your Account, and your use of the Services, are for your benefit alone. No Beneficiary acquires any interest in your Account, use of the Site, or the Services, whether or not you entered into these Terms or obtained your Account with or without its authority or on such Beneficiary’s behalf. Your Account is personal to you and not the property of your employer or your company, even if your employer or company pays for Services or products purchased through your Account on your behalf. Your Account is not transferable, except in limited circumstances, we may, in our sole discretion, and only in writing, allow transfer of your Account, or use of the Site or Services, to another individual or entity, but we are not obligated or required to do so.

1.5 Eligibility. The Services, and use of the Site, are available only to users who possess the legal right, capacity and ability to enter into these Terms. By accessing or using the Site or Services, you represent and warrant that you are (a) at least eighteen (18) years of age (or older if otherwise provided herein); (b) otherwise recognized as being able to form legally binding contracts under applicable law; and (c) not a person barred from purchasing or receiving any of the Services under the laws of the United States.

Section 2. MEMBER CONTENT, IP OWNERSHIP & RELATED DISCLAIMERS

2.1 Member Content. The Services allow users to submit, post, publish, share, store, or manage certain text, stories, artwork, images, photographs, videos, messages, ideas, concepts, opinions, audio-visual works or other materials (“Member Content”). Any and all materials or content submitted through your Account or using your Account Information, including Member Articles (the final versions of the articles you submit and which are actually published to our affiliate publishers) and Member Images (images and/or videos that you submit for use in connection with specific Member Articles) shall be considered Member Content. For the avoidance of doubt, Stock Images are not Member Content, and if you select Stock Images for use in connection with any Member Article, you do not have any right, title, or interest in or to such Stock Images by such use. By submitting Member Content to the Services, or otherwise making such Member Content available in connection with the Services, you represent and warrant to the Company that (a) submission of Member Content is entirely voluntary; (b) you have all necessary rights to distribute Member Content via the Affiliate Sites or otherwise as publicly published, either because you are the sole author of the Member Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owners of the Member Content without any restriction; (c) the Member Content is original (not copied); (d) the Member Content will not knowingly contain any untrue statements or material that is deceptive, fraudulent or intentionally misleading, and all statements in the Member Content which are asserted as facts are true and based upon reasonable research for accuracy; (e) the Member Content does not violate any rights of privacy or infringe upon any statutory or common law copyright or otherwise violate the rights of any third party or any applicable law or regulation, including, but not limited to, all relevant rules, policies, and regulations of the Federal Trade Commission, or the CAN-SPAM Act; (f) the posting or publishing of the Member Content shall not violate the Policies as provided herein; and (g) shall comply with our “Submission Guidelines,” as amended from time to time, which can be found here. 

You hereby agree to and shall indemnify, defend, and hold harmless the Company and Affiliate Publishers against any liability, cost or expense, including reasonable attorneys’ fees, incurred as a result of any breach of the foregoing representations or warranties. For the purposes of this Section, any public communications between you and another user of the Site, Services, or Affiliate Sites shall be deemed to be Member Content and shall not be reproduced, republished or otherwise utilized by you in contravention to this Section or the Policies. If you use third party content in the Member Content, it is your responsibility, at your expense, to obtain all approvals, consents, licenses, or otherwise clear the third-party content in the Member Content. If such third-party content is not cleared, you shall not use it in the Member Content. Notwithstanding, the Company has no obligation to remove any published Member Content, except in its sole and absolute discretion. In order to publish Member Content to certain third-party websites or other media channels, you may be required to comply with additional guidelines or approvals and/or execute additional or acknowledge additional terms or agreements with such third party.

Further, if you submit, post, or publish Member Content, it is at your own risk, and that you shall be solely responsible for any liability related thereto and further that we reserve the right, in our sole discretion, to: (a) review, edit, remove or refuse to post any Member Content for any or no reason; (b) take any action with respect to any Member Content that we deem necessary or appropriate, including if we believe that such Member Content violates these Terms, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of other users of the Site, Services, Affiliate Publishers or Affiliate Sites, or the public or could create liability for us; (c) disclose your identity or other information about you, or a Beneficiary for whom you have utilized the Services, to any third party who claims that material posted by you violates their rights, including but not limited to their intellectual property rights or their right to privacy; (d) take appropriate legal action, including, without limitation, referral to law enforcement; (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms or the Policies.

Without limiting the foregoing, we have the right to fully cooperate 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 Site. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES (INCLUDING THE AFFILIATE PUBLISHERS), LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITY. You agree to cooperate in the defense of any legal action brought against the Company or any Affiliate Publisher arising from the publication of the Member Content and you agree to retain all notes, drafts, and copies relating to the Member Content for three (3) years after publication.

BE AWARE THAT ONCE YOUR MEMBER CONTENT IS PUBLISHED OR OTHERWISE POSTED, THE COMPANY MAY NOT BE ABLE TO REMOVE SUCH PUBLICATION OR POST AND SHALL HAVE NO OBLIGATION OR LIABILITY FOR FAILURE TO DO SO.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL CAUSE ANY MEMBER ARTICLE AND/OR MEMBER CONTENT, INCLUDING ANY BY-LINES TO BE PUBLISHED AS “NATIVE ADVERTISEMENTS,” “SPONSORED CONTENT,” “BRANDED CONTENT,” “PAID CONTENT,” “CONTRIBUTOR CONTENT,” AND/OR ANY OTHER APPLICABLE DISCLOSURE WE DEEM APPROPRIATE UPON PUBLICATION TO THE AFFILIATE SITES OR ANY TIME THEREAFTER AND, ACCORDINGLY, SUCH CONTENT SHALL NOT CONTAIN ANY ENDORSEMENT, ADVERTISEMENT, PROMOTION, RECOMMENDATION OR TESTIMONIAL IN CONNECTION WITH ANY BRAND, PRODUCT OR SERVICE UNLESS IT CONTAINS ALL DISCLOSURES REQUIRED BY RELEVANT GOVERNMENT REGULATORY AUTHORITIES AND REGULATIONS, INCLUDING BUT NOT LIMITED TO SECTION 5 OF THE FEDERAL TRADE COMMISSION ACT, PART 255 OF THE FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES, AND STATE UNFAIR AND DECEPTIVE ACTS AND PRACTICES LAWS. SUCH REQUIRED DISCLOSURES INCLUDE, BUT ARE NOT LIMITED TO, DISCLOSURE IF YOU OR ANY OF YOUR RELATIVES, AFFILIATES, OR COMPANIES IN WHICH YOU HOLD GREATER THAN A 25% INTEREST HAVE RECEIVED OR WILL RECEIVE COMPENSATION, FREE OR DISCOUNTED PRODUCTS OR SERVICES, OR ANY OTHER CONSIDERATION FOR THE PUBLICATION OF SUCH CONTENT, AND IF YOU HAVE ANY OTHER MATERIAL RELATIONSHIP IN CONNECTION WITH ANY BRANDS, PRODUCTS OR SERVICES ENDORSED WITHIN SUCH CONTENT. IN ADDITION, YOU MUST EXPRESSLY NOTIFY COMPANY IN WRITING OR BY EMAIL REFERENCING THIS SECTION AT THE TIME OF SUBMISSION OF ANY MATERIAL CONNECTION YOU HAVE WITH ANY BRANDS, PRODUCTS OR SERVICES ENDORSED WITHIN ANY SUBMITTED CONTENT. 

2.2 Unsolicited Materials. In order to avoid the possibility of any future misunderstandings in connection with any products, services, projects or creative ideas which we or our licensors may develop, which may be similar to a third party’s creative materials, it is the our policy to not allow, accept or consider creative ideas, proposals, suggestions or other materials which we did not request from you in writing (“Unsolicited Materials”). Therefore, we request that you do not provide any Unsolicited Materials in the Member Content or in any other manner to us in connection with your use of the Services or otherwise. Any Member Content shall not be made in confidence or with an obligation to review or provide any consideration or compensation. We and our licensors are constantly developing products, programs or services and the development and exploitation thereof shall not entitle you to any compensation of any sort, regardless of the similarity to any Unsolicited Materials. Notwithstanding the foregoing, you agree that any Unsolicited Materials that you submit to us shall: (i) automatically become our property, without any compensation, accreditation or notice to you; (ii) that we may use or redistribute any submission of Unsolicited Materials either in the form which you submit them or in an altered form; (iii) that we have no obligation to keep any submitted Unsolicited Materials; and (iv) that, to the extent that the Unsolicited Materials are subject to a confidentiality agreement with any third party, that by submitting Unsolicited Materials to us, you may violate such confidentiality agreement, that we are not bound thereby, and that you will indemnify, hold harmless, and defend us and our affiliates from any third party legal action arising from your disclosure of the Unsolicited Materials and/or our subsequent unrestricted right to use the Unsolicited Materials.

2.3 Ownership & License in Member Content. Except as to any Company Content (defined below), you own and retain all right, title, and interest in and to the Member Content. Notwithstanding the your ownership of the Member Content, by submitting Member Content through the Services, you hereby grant us and our licensees a perpetual worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, modify, and perform your Member Content in connection with the Services and Affiliate Sites or otherwise as we determines in our sole discretion in any medium or manner without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. The above licenses granted by You in Your Member Content are perpetual and irrevocable and shall continue whether or not You are still a Member of the Community, and neither the Company nor any media platform to which it publishes shall be required to remove such Member Content upon a Member request or liable for the refusal or failure to do so. Notwithstanding anything to the contrary contained herein, the Company shall not use any Member Content that has been explicitly marked or designed in writing as “private” or “password protected.” Except as set forth in the preceding sentence, any other Member Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by the Company for its own use.

2.4 Company Content. Except for Member Content, all content on the Services and Affiliate Sites, including without limitation text, stories, artwork, images, photographs, videos, messages, ideas, concepts, opinions, musical compositions, audio-visual works, interactive features and functionality, software, source code, and the trademarks, service marks and logos contained therein and the design selection and arrangement thereof (“Company Content”), are owned by or licensed to the Company and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 

Company Content is provided to you “as is”, “as available” and “with all faults” for your information and you shall not copy, reproduce, download, store, distribute, modify, create derivative works of, republish, publicly display, perform, transmit, broadcast, sell, license, or otherwise exploit any Company Content or portion thereof without our prior written permission, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing Company Content; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) 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 permitted use as outlined herein, provided you agree to be bound by any end-user license agreement for such applications as applicable; (iv) if we provide social media features with certain content, you may take such actions as are enabled by such features; and (v) provided that it is permitted by these Terms, you may use certain authorized badges or digital promotional materials provided by us to acknowledge your membership, provided, however, that you may not alter the appearance, meaning or context of any such authorized badges or digital promotional materials, nor represent that your affiliation with the Company or any Affiliate Publisher is anything other than a membership at the time you are a Member only, nor sell or attempt to sell or trade the authorized badges or digital promotional materials for pecuniary gain. Furthermore, you shall not: (i) modify copies of any Company Content; (ii) use any Company Content, including any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text as originally published on the Site, Services, or Affiliate Sites; or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies Company Content. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Company Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the Company Content you have made. No right, title or interest in or to the Services or any Company Content is transferred to you, and all rights not granted are reserved by us. Any use of the Site or Services which is not permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

We do not warrant the accuracy, completeness, or usefulness of Company Content. Any reliance you place on Company Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on Company Content by you or any other visitor to the Site, or by anyone who may be informed of any of the Services’ contents.

2.5 ArticleGenie®. As detailed in Section 1, the Services include and allow you to utilize our AI, ArticleGenie®, to assist you in the creation of Member Articles. If you elect to use ArticleGenie® while using the Services, you acknowledge and agree that content generated by AI may, at times, be inaccurate, incomplete, or of suboptimal quality. You further acknowledge and agree that use of AI technology may limit your ability to register copyrights in your Member Articles. For purposes of these Terms, ArticleGenie® is considered Company Content and is provided to you “as is” and “as available” basis, and we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the use of ArticleGenie® and any content generated by ArticleGenie® and incorporated into your Member Articles. Finally, any content generated by ArticleGenie® and included in any Member Articles or Member Content generally is considered Member Content and subject to your indemnification of us and the Affiliate Publishers as outlined in Section 2.1 above.

Section 3. TERM & TERMINATION/CANCELLATION; PAYMENTS

3.1 Membership Plans & Other Options. As part of our Service, we offer membership plans of varying prices and features (e.g., the number of Member Articles you can publish and/or the number of Affiliate Sites on which your Member Articles will be published). We may change the number of membership plans and their features from time to time. You may upgrade or downgrade your membership plan at any time from your Account portal sidebar by clicking on the “Options” button on the Subscriptions tab. We also offer other options that do not require a membership plan. For example, we may offer packages that allow you to purchase a certain number of Member Article placements with our Affiliate Publishers. You may review those options and the associated Fees (defined below) and complete purchases from your Account profile.

3.2 Fees and Renewal. To use our Services, you must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your Account with a third party. You are responsible for ensuring the accuracy of the Payment Method information provided to us in your Account Information. Some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. You can update your Payment Methods by going to the “Payment” tab in your Account portal sidebar. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

The monthly subscription fee for membership plans will be stated at the time you sign-up through the Services. Fees associated with non-membership options, such as the one-off packages described above will be charged at the time of purchase. All monthly membership fees and fees for other options are individually referred to as a “Fee” and collectively as “Fees.” The applicable Fee is charged to your preferred Payment Method once per month (each a “Billing Period”). The Fees for membership plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms.

Please note that membership plans involve a recurring payment of a Fee, and, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any Payment Method we have on record for you.

If all Payment Methods we have on file for you are declined for payment of your membership Fees, we may cancel your membership unless you provide us with a new Payment Method promptly upon our request. If you provide us with a new Payment Method and are successfully charged before your membership is cancelled, your new membership period will be based on the original renewal date and not the date of the successful charge.

3.3 Changes to Your Membership. If you upgrade a membership plan, we will charge your Payment Method for the difference between the original membership plan and upgraded membership plan at the time you select the upgrade and then the new monthly Fee will be applied to all future Billing Periods until you either cancel (see below) or elect to downgrade your membership plan. If you downgrade your membership plan, the Fee will be changed as of the first Billing Period following your downgrade selection and the features available for the previous membership plan will continue to be available to you until the start of the next Billing Period. A change to your membership plan will not change the Billing Period unless you have cancelled your account and rejoined our Services at a later date.

3.4 Chargebacks. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may, at our discretion, immediately disable or terminate your Account. If your Account is disabled or terminated due to a chargeback, you must contact us to resolve any outstanding payment issues before your Account can be reinstated. Any disputes about a chargeback should be directed to our customer support team by contacting us at info@newsanchored.com.

3.5 Membership Cancellation. You may cancel your membership plan by visiting your “Subscriptions” tab in your Account portal sidebar, or by contacting us at info@newsanchored.com. If you cancel your membership, you will not receive a refund of any Fees already paid. Your member benefits terminate on the last day of the Billing Period in which you cancelled your membership plan.

3.6 Termination by Company. We may, in our sole discretion, suspend or terminate your membership and/or Account immediately on notice in the event you (a) violate these Terms or any of the Policies as determined in our sole discretion; (b) fail to pay any amount due to us when due and such failure continues for fifteen (15) days after our delivery of written or email notice of nonpayment; (c) fail to pay any amount when due more than two (2) times in any twelve (12) month period; (d) misrepresent or include false information in your Account Information, Member Content, or communications with us regarding your Member Content; (e) become the subject of a federal criminal investigation or civil investigation for actions constituting a felony or any acts of moral turpitude or dishonesty; (f) are charged with or convicted of any felony or any misdemeanor involving moral turpitude or dishonesty; (g) engage in conduct which, if publicly revealed, would harm the reputation or esteem of the Company, the Affiliate Publishers, or our licensors or licensee, whether or not such conduct constitutes crimes; (h) solicit, market, or sell access to the Services to third parties, including, but not limited to, offering to include a third party’s services, products or links in Member Content, or to positively portray a third party’s products or services for a fee, or offering, promoting, or advertising introductions or access to the Services, unless otherwise agreed in writing by us prior to such activity; or (i) do anything which, in our reasonable discretion, is harmful to our reputation or goodwill. We may terminate your Account if we discontinue the Services and reserve the right to do so at any time, for any reason (or no reason). If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

3.7 Refunds. If your membership and/or Account is terminated for any reason, you shall not be entitled to a refund of any portion of your membership Fees, though we may refund all or a portion of Fees with or without the requirement of the execution of a release. Notwithstanding the foregoing, membership Fee refunds are available under the following circumstances: (a) at the conclusion of the initial Billing Period or any subsequent Billing Period; or (b) within the first three (3) days of a Billing Period if you have not utilized the Services in that time. Fees for any additional “a la carte” Services or products you purchase from your Account are none refundable unless canceled by you prior to our provision or delivery of the applicable Service or product and provided that we have not already incurred any non-refundable expense on your behalf prior to your cancellation. You shall not be entitled to a refund of your membership Fee on the belief that your membership was unsatisfactory or did not live up to your expectations; provided that, at any time during your current Billing Period, you may email us at info@newsanchored.com or send a ticket (each a “Ticket”) through the “Support Tickets” tab in your Account portal detailing your issue and we will use commercially reasonable efforts to address your issue, and, if we determine, in our sole discretion, that a refund is appropriate, we may issue a refund proportionate to the Services used (or unused) relating to the specified issue. All refunds, if provided, will be refunded to the original payment provider used to pay for the applicable Fee. If refunds are issued to your Payment Method, our issuance of a refund receipt is only confirmation that we have submitted your refund to the Payment Method charged at the time of the original sale and that we have absolutely no control over when the refund will be applied toward your Payment Method’s available balance. The payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund.

Section 4. AVAILABILITY OF SERVICES; MARKETING MATERIALS; PROMOTIONAL SERVICES

4.1 Availability of the Services. Except as otherwise set forth in the Policies, we shall use commercially reasonable efforts to provide uninterrupted access to the Services. From time to time the Site or Services may be inaccessible or inoperable for any reasons within or outside of our control including, but not limited to, maintenance, repairs, updates, upgrades, equipment malfunctions or other reasons that are not reasonably foreseeable such as interruption or failure of telecommunication or digital transmission links, network congestion or other failures. We have no control over the availability of the Site or Services on a continuous or uninterrupted basis, and we assume no liability to you or any other party with regard thereto. Except as expressly set forth in writing in these Terms, you shall not be entitled to any refund, credits or set-offs of or against your membership Fee or other fees incurred in connection herewith for any interruption of the Services or lack of availability of any Services whether due to unavailability, suspension or termination of your membership or otherwise.

4.2 Marketing Materials. With respect to our advertising, offering or sale of any of the Services, we attempt to describe such Services, membership levels, and other products or services offered through our Site and Services as accurately as possible. Nevertheless, we do not warrant that at any time, the descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of the Services, or marketing materials, promotional flyers, advertisements, or other printed or electronic materials related thereto (collectively, “Marketing Materials”) is accurate, complete, reliable, current, or error-free. Despite our commercially reasonable efforts, it is possible that Marketing Materials may be mispriced, described inaccurately, and/or unavailable depending on the jurisdiction. In the event we determine that any Service is mispriced, described inaccurately, or unavailable, we reserve the right to take any action it deems reasonable and necessary to rectify the error, without providing notice to you, including without limitation, canceling your purchase or other use of the Services and refunding a pro-rata portion of the amounts paid for such Service. You agree to notify us immediately if you become aware of any pricing or descriptive errors or inconsistencies with any Services you order and comply with any corrective action taken by us. Notwithstanding anything else contained herein, in no event shall we be required, or shall you be entitled to a refund of any portion of the membership Fee or other fees regardless of whether or not any Services were mispriced, described inaccurately or unavailable for any reason.

4.3 Promotional Services. From time to time, the Company may send Marketing Materials and/or offer additional Services, products, or benefits to you at no cost or at an additional fee (“Promotional Services”). You hereby agree that we may send you such marketing and promotional materials via electronic transmission, e-mail, mail, or otherwise, provided, that you may unsubscribe to such materials at any time by notifying us pursuant to the Privacy Policy or by emailing us at info@newsanchored.com with the subject line “Unsubscribe to Marketing Materials.” We may modify the scope of the Promotional Services we offer at any time without additional notice to you. We may offer Promotional Services only to new Members or select Members based on specific criteria determined by us in our sole discretion, and you may not be eligible for some or all of the Promotional Service offerings. If you are offered promotional or special pricing by us on any of Services or membership packages, you agree to keep the pricing information strictly confidential and shall not disclose such information to any third party without our prior written consent. You understand and agree that the fees associated with Promotional Services may be non-refundable as defined in the terms of any agreement accompanying any Promotional Services.

Section 5. MEMBER CODE OF CONDUCT (PROHIBITED CONDUCT)

You shall at all times comply with the following “Member Code of Conduct” and represent and warrant that your access to and use of the Site and Services: (a) will comply with all applicable local, state, and federal laws, rules and regulations; (b) will not be utilized for any illegal purposes or promotion or encouragement of any illegal activity, including, but not limited to, any acts of terrorism, violence against people or property; (d) will not be used for any libelous, defamatory, unlawful, illegal, pornographic, indecent, offensive, obscene, bigoted, hateful or discriminatory purposes; (e) will not infringe the intellectual property or other right of any person or entity or otherwise violate any privacy or publicity rights or impersonate any other person; (f) will not be used in a manner which infringes any duty of confidentiality that you owe to another person or entity; (g) will not be used for anti-social, disruptive, or illegal purposes including but not limited to “spamming”, “trolling”, “flooding”, “bullying” or otherwise to harvest (or permit anyone else to harvest) any content contained on the Site or any non-public or personally identifiable information about another user or entity; (h) will not include any direct or indirect, general or open, solicitations of other Members for the purposes of selling products or services or seeking employment, investment or other business opportunities; (i) will not interfere with the operation of the Site or the Services or otherwise introduce any viruses, worms, bugs, “Trojan Horses” or other codes or programs designed to, or capable of disrupting, damaging or limiting the functionality of any software or hardware; (j) will not be used for the purposes of producing false, deceptive or unsubstantiated or comparative claims; (k) will not be used with the intention to or be reasonably expected to harass, demean or negatively affect the personal or professional reputation of any other individual or entity; (l) will refrain from sharing your passwords or other Account Information for use of the Services; (m) will not, nor induce any third party to, attempt to disable or circumvent any security mechanisms used by us or otherwise attempt to gain unauthorized access to any portion of the Site or Services for which you have not subscribed, or to any other systems or networks connected to the Site, or to any server of us or the Affiliate Publishers or its third party service providers, by hacking, password “mining,” or any other illegal means; (n) will not, nor induce any third party to, use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site, Services, or Affiliate Sites; (o) will not, nor induce any third party to, use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or Services or with any other person’s use of the Site or Services; (p) will not, nor induce any third party to, track or seek to trace any information on any other person who visits the Site or uses the Services; (q) will not, nor induce any third party to, use the Site or Services in any connection with any illegal purpose under state or federal law; (r) will not, nor induce any third party to, copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise apply to the Site, Services, Affiliate Sites, Member Content, or Company Content; (s) will not publish or reproduce any screenshots which include any personally identifying information of any of our representatives or employees; (t) will not publish, reproduce or describe the contents of any communications from us, including, but not limited to any descriptions or content describing the Services, or anything related to membership; (u) will not use the Site or Services for the purposes of developing or operating a product or service which is competitive with ours or otherwise with the intent to solicit Members or otherwise encourage Members to discontinue their use of the membership. You further represent and warrant that (a) you are solely and individually liable for any and all uses of the Site or Services utilizing your Account Information; (b) you will not copy or distribute in any medium any part of the Site or Services, including but not limited to Company Content, except where expressly authorized by us; (c) you will not resell, provide any part or portion of, or otherwise advertise access to the Services to third parties for a fee or otherwise to compete with us, including, but not limited, offering to include a third party’s services, products or links in Member Content, to positively portray a third party’s products or services for a fee; and (d) you agree not to circumvent, disable or otherwise interfere with the security-related features of the Site or Services, including without limitation those features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services. In addition to any and all other remedies at law, we may suspend or terminate your membership and Account at any time in the event that we believe, in our sole discretion, that you have violated the Member Code of Conduct, including during interactions with us, with the Affiliate Publishers, or with third parties.

Section 6. MONITORING OF CONTENT

We reserve the right (but undertake no duty) to pre-screen Member Content and decide whether any item of Member Content is appropriate and/or complies with these Terms or the Policies. We may, with or without notice, in our sole discretion, remove any item of Member Content and/or terminate a Member’s access to the Services or a Member’s membership for posting or publishing any material in violation of these Terms or the Policies. We may also terminate or suspend a Member’s access to the Services or its membership if we have reason to believe the Member has repeatedly violated these Terms. If we terminate or suspend your membership or access to the Services, we may, in our sole discretion, remove, and/or destroy any data and files stored by you on our servers.

Section 7. RESERVATION OF RIGHTS

We reserve the right to deny, cancel, terminate, suspend, lock, or modify access to the Site or Services or control of any Account for any reason as determined by us in our sole discretion, including, but not limited to, the following: (a) to correct mistakes made by us in offering or delivering any Services; (b) to assist with our fraud and abuse detection and prevention efforts; (c) to comply with court orders against you or other Members and applicable local, state, and federal laws, rules and regulations; (d) to comply with requests of law enforcement, including subpoena requests; (e) to comply with any dispute resolution process; (f) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; (g) to avoid any civil or criminal liability on the part of the Company, its officers, directors, employees, licensors or partners, including, but not limited to, instances where you have sued or threatened to sue the Company or its licensors; or (h) if we have reason to believe that any Account is being used or intended to be used for a reason which would violate these Terms of the Member Code of Conduct. We reserve the right to terminate, without advance notice to you, any and all your membership or Account where, in our sole discretion, you are harassing or threatening us, and/or any of our employees, contractors, licensors or other Members or otherwise violating any terms of these Terms without refund of any portion of your Fees.

Section 8. RELIANCE ON INFORMATION POSTED

The information presented on or through the Services 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 Site or user of the Services.

Section 9. LINKS TO THIRD-PARTY WEBSITES

The Site and Services may provide links to external websites (“External Sites”). We provide these links to External Sites for your convenience only. We do not control such External Sites; therefore, we are not responsible for the content of any External Sites, or any link contained in an External Sites. Our inclusion of links to such External Sites does not imply any endorsement of any such third party who advertises their goods or services through the Site/Services. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Sites.

When you leave the Site/Services, you should be aware that our Terms and Privacy Policy do not apply to your use of External Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Sites to which you navigate from the Site. Your use of, and dealings with the owners or operators of, these External Sites are at your own risk, and you agree not to make any claim against us arising out of your use of these External Sites.

We may run advertisements and promotions from third parties on the Site/Services or may otherwise provide information about or links or referrals to third-party products or services on the Site/Services (“Third-Party Products”). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third-Party Products, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third-Party Products and Services. Because we do not control such Third-Party Products, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third-Party Products and Services, and you use such Third-Party Products at your own risk. Your dealings or correspondence with, or participation in promotions of, such Third-Party Products, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third-Party Products that you find on or through the Site/Services.

Section 10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SITE AND/OR SERVICES, INCLUDING COMPANY CONTENT, AND ALL LINKS, INFORMATION, MATERIALS, SERVICES, AND/OR PRODUCTS PROVIDED ON OR THROUGH THE SITE AND/OR SERVICES (“SITE MATERIALS”) ARE PROVIDED ON AN “AS IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF SITE MATERIALS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES (INCLUDING THE AFFILIATE PUBLISHERS), SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES (THE “ASSOCIATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO SITE MATERIALS AND YOUR USE THEREOF. IN ADDITION, THE COMPANY AND THE ASSOCIATED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY PRODUCTS, EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE THIRD-PARTY PRODUCTS. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE SITE MATERIALS OR THIRD-PARTY PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WHILE WE ATTEMPT TO PROVIDE YOU WITH ACCESS SAFE FROM VIRUSES, THE COMPANY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITE/SERVICES OR OTHERWISE PROVIDED BY OR ON BEHALF OF THE COMPANY.

Section 11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR THE ASSOCIATED PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR REVENUE, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITE AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITE AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY OR THE ASSOCIATED PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE/SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Section 12. INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold the Company and the Associated Parties harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) Member Content; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. The indemnification obligations under this Section shall survive any termination or expiration of these Terms or your use of the Sites or Services.

Section 13. U.S. EXPORT LAWS

The Sites and Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). You shall not use the Sites or Services to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. You shall not export or re-export or allow the export or re-export of any portion of the Sites or Services in violation of any U.S. Export Laws. None of the content associated with the Site or Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By your use of the Site and/or Services, you agree to the foregoing and represent and warrant that you: (1) are not a national or resident of, located in, or under the control of, any restricted country; (2) are not on any denied parties list; and (3) agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). You are not permitted to access the Site or utilize the Services from other countries or jurisdictions, and if you do so, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the Site or Services. The obligations under this section shall survive any termination or expiration of these Terms, the Policies, or your use of the Site/Services.

Section 14. COMPLIANCE WITH LOCAL LAWS

We make no representation or warranty that the content available on the Sites or Services are appropriate in every country, state or jurisdiction, and access to the Sites or Services from countries or jurisdictions where its content is illegal is prohibited. If you choose to access the Sites or Services are responsible for compliance with all local laws, rules and regulations and we shall not be liable in any way in the event the Site or Services are not permitted in any jurisdiction.

Section 15. GOVERNING LAW AND JURISDICTION/ AGREEMENT TO ARBITRATE

15.1 Choice of Law and Venue. These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles. Except as explicitly outlined below or elsewhere in these Terms, any dispute between the parties shall be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Portland, Oregon and you hereby consent to such jurisdiction and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

15.2 Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes“) brought by either you or us (individually, a “Party” and collectively, the “Parties“), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

15.3 Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Portland, Oregon. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Portland, Oregon, as outlined above. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. 

Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

15.4 Class Action Waiver. You waive the right to serve as a class representative, class member, or otherwise participate in any class, collective, consolidated, or representative proceeding against us related to any disputes arising under these Terms. You agree that this class action waiver is material and essential to the resolution of any dispute and is non-severable from these Terms and your use of the Services.

15.5 Waiver of Jury Trial. YOU HEREBY ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS AND USING THE SERVICES, YOU KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY.

15.6 Limitation on Time to File Claims. ANY DISPUTE, CAUSE OF ACTION, OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE, CAUSE OF ACTION, OR CLAIM ACCRUES; OTHERWISE, SUCH DISPUTE, CAUSE OF ACTION, OR CLAIM IS PERMANENTLY BARRED.

Section 16. WAIVER

No waiver by us of any term or condition set out in these Terms 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 by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Section 17. NO JOINT VENTURE/PARTNERSHIP

The relationship established by these Terms is that of independent contractors and nothing contained in these Terms shall be construed to: (i) give either party the power to direct and control the business activities of the other, (ii) constitute the parties as partners, joint venturers, agents, franchisor/franchisee or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party.

Section 18. ENTIRE AGREEMENT

These Terms and the Policies constitute the sole and entire agreement between you and the Company with respect to your membership and all access to and use of the Site and Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and Services.

Section 19. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Section 20. CONTACT INFORMATION

If you have any questions regarding the use of the Site, Services, these Terms, your membership, the Policies, payments and refunds, the Privacy Policy, opt-out issues, or any other questions, please feel free to contact us via email at info@newsanchored.com and include a subject line reflecting the main topic.

Section 21. ELECTRONIC COMMUNICATIONS

Whenever you visit the Site, use the Services, or send us emails, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email at the email address which you provide in your Account Information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

Section 22. SUCCESSORS AND ASSIGNS

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.