Effective Date: July 6, 2026

Chicago Public Media, Inc. (“CPM Entities”), is a nonprofit corporation committed to journalistic excellence in broadcast, digital and print media. It owns and operates print and digital publications through affiliates and subsidiaries, including Chicago Sun-Times Media, Inc., the Chicago Sun Times, chicago.suntimes.com, and broadcast media WBEZ, wbez.org, chicago.com, www.straightdope.com and vocalo.org. All of these entities are collectively referred to collectively and individually below as “CPM Entities,” “we,” us,” or “our.” Anyone accessing any of the websites of any of the CPM Entities, and/or signing up for, purchasing or using the products or services offered by the CPM Entities and/ or through the any of the websites that are owned or operated by any of the CPM Entities, is referred to as “you” or “your.” The plural “CPM Entities,” “Websites,” and “Services,” should be read to refer to one, some or all of the CPM Entities, Websites or Services, respectively.

These Terms of Use (“Terms”) apply to websites owned or operated by one or more of the CPM Entities, including the websites listed above, and any other services or websites, mobile applications, electronic devices, kiosks, owned or operated by any of the CPM Entities (“Websites”). All products and services, including all print and digital media or content offered by the CPM Entities and any other products or services that display or refer to these Terms of Use are referred to in these Terms as “Services.” Services include the Websites and all of the associated content, functionalities, products and services we offer, and advertising and promotion displayed or accessible through the Websites. These Terms govern your access and use of the Services regardless of how you use or access them. Please read these Terms carefully before accessing or using the Services.

THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION.

By clicking an Accept, Register, or a similar button or icon, connecting to a Website through a third party such as Facebook or by accessing, browsing, or using the Services in any manner, you agree to be bound to these Terms and our Privacy Policy, whether or not you have created an account with us or registered on our Websites. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. CPM Entities reserve the right to deny access to any person who they believe may have violated these Terms.

Limitations on the Use of Content. All information, content, services and software displayed on, transmitted through, or used in connection with the Services (with the exception of User Content defined below), including, for example, news articles, stories, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, other content, html, source and object code, trademarks, logos, and the like (collectively, “Content”), as well as its selection and arrangement, is owned by CPM Entities and/or their licensors and suppliers. You may access and view the Content that is delivered online only online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a website, blog or other site and wish to link to the Websites, you may do so provided you agree to cease such link upon request from us.

In certain cases, you may be able to use individual stories, articles, or video that appear on the Websites through online functionality we have designated for specific uses (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in connection with certain Content that you may use it in a particular way or you will see a link in the Content itself that will permit you to email the story, article, or video, or purchase the rights to reproduce it

In relation to the uses described above, you are being given only a limited, revokable license to use the Content expressly as provided in these Terms and as may be further limited by information appearing in conjunction with the Content. No other use is permitted without prior written permission of CPM Entities. The permitted use described in this section is contingent on your compliance at all times with these Terms.

Except where explicitly provided for herein, you may not republish any portion of the Content on any Internet, Intranet, extranet site or any other online or offline publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method. You agree not to use any Content obtained through the Services for purposes of training any artificial intelligence. We prohibit the use of ad-blocking software by non-subscribers when accessing our Content, and we do not allow you to use any methods to circumvent our paywall and/or our limit on the number of free articles that you may access per week. The use of such methods may violate the Copyright Act, the Computer Fraud and Abuse Act, and other federal and state laws.

Requests to use Content for any purpose other than as permitted in these Terms should be directed to legal@chicagopublicmedia.org.

Creating An Account. You are not required to create an account or otherwise register to view certain Content. However, some parts of the Websites and some Services may not be accessible or useable --- including without limitation, if you wish to post a comment or upload a photo or video, or view certain other Content --- unless you create an account, register and/or subscribe (we refer to all of these below collectively as “Register,” “Registering” or “Registration”), provide certain information about yourself, and pay fees associated with the Services You accept responsibility for all activities that occur under your Registration or account. You agree to provide true, accurate, complete, and correct information when you Register, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of the Services and/or Websites if individuals from more than one household access the Services or Websites using any single Registration or account. You are responsible for maintaining the confidentiality of your password and other account or Registration credentials and for restricting access to your computer or other device(s) so those outside your household may not use them to access the Services or Websites. If you believe someone has accessed the Services or Websites using your Registration or account credentials without your authorization, e-mail us immediately at legal@chicagopublicmedia.org.

User Content Representations and Warranties. By placing information on the Websites, including but not limited to posting content or communications to any of the Websites’ bulletin boards, forums, blogspaces, message or chat areas, or posting text, images, audio files, video clips, or any audio-visual content to the Websites (collectively, “User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide, including the right to publicly display the User Content, (2) that the User Content will not result in your potentially violating these Terms; and (2) the User Content will not cause injury to, or violate the rights of, any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the Websites that may specifically ask for unique, fictitious names).

User Content License. For all User Content you post, upload, share, or otherwise make available (we use “Provide” to describe any of these actions) to the Websites, you grant CPM Entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize CPM Entities to: (i) share the User Content across all websites, mobile applications, newspapers and other online and offline services affiliated with CPM Entities; (ii) include the User Content in a searchable format accessible by users of the Websites and other CPM Entities websites, mobile applications, newspapers and other online services; (iii) place advertisements in close proximity to such User Content; and (iv) use your name, likeness and any other information in connection with our use of the User Content you Provide. You waive all moral rights with respect to any User Content you Provide to the Websites and acknowledge that we may use User Content without your name or other attribution as to the source of the User Content. You also grant CPM Entities the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you Provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by CPM Entities, or any entities affiliated with them or working on their behalf or sublicensed by them, to you. You agree that you will indemnify, defend, and hold harmless CPM Entities and their officers, directors and employees for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

You also hereby grant each user of the Services and each person accessing a Website a non-exclusive license to access your User Content and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and/or Websites and/or under these Terms.

Unsolicited Material and Ideas. We are happy to hear from our users and welcome feedback regarding our Services. The CPM Entities are not responsible for the similarity of any of its content or programming in any media to materials or ideas provided by individuals or entities through any means, including through the Websites. If you transmit unsolicited submissions to us through the Websites or otherwise, you grant CPM Entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable, right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as CPM Entities in their sole discretion decide. By using the Services and/or transmitting any unsolicited submissions to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submissions, and that by sending an unsolicited submission you waive the right to make any claim against the CPM Entities and their parents, officers or directors relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract, breach of confidentiality, or right to compensation, even if material or an idea is used by any of the CPM Entities that is or may be substantially similar to an idea you sent or a submission you made.

User Content Screening and Removal. You acknowledge that we and/or our designees may or may not pre-screen User Content, and we shall have the right (but not the obligation), in our sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation, that such User Content violates these Terms or is otherwise, in our option, objectionable.

User Content Assumption of Risk. Although we may from time to time monitor or review postings, transmissions, and the like on the Websites, we assume no obligation to monitor or manage User Content, and do not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to us is the sole responsibility of the person or entity who provided it. This means that you are entirely responsible for all User Content that you Provide, including all liability for such User Content. To protect your safety, please use your best judgment when using any of the Websites’ forums, chat rooms, bulletin boards, blogs or similar features. We discourage divulging personal phone numbers and addresses or other information that can be used to identify, contact or locate you. You acknowledge and agree that any such disclosures you make, including Providing any information or User Content on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, to third parties in any communication, or to in any other manner using the Services, you do so fully understanding that such information could be used to identify you.

User Content Posting Rules. Any decisions as to whether User Content violates these Terms or other guidelines we may implement will be made by us in our sole discretion, usually after we have actual notice of such posting. When you provide User Content, you agree to the following rules:

• If the photo or video depicts anyone under the age of 13, you affirm that you have written permission from the child’s parent or guardian to provide the photo or video.
• Do not provide User Content that:
  • Contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material;
  • Contains vulgar, profane, abusive, racist or hateful language, expressions, epithets, slurs, text, photographs or illustrations, or is in poor taste, or is an inflammatory attack of a personal, racial or religious nature;
  • Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, potentially violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • May cause any harm or damage to the Websites, you, us, or anyone else;
  • Violates any right of the Websites, CPM Entities or any third party;
  • Infringes other individuals’ privacy rights or rights of publicity;
  • Discriminates or endorses discrimination on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
  • Violates or encourages the violation of any municipal, state, federal or international law, rule, regulation, ordinance, or similar requirement;
  • Interferes with any third party’s use of the Services;
  • Advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
  • Collects or attempts to collect any user content or information, or otherwise accesses the Websites using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express, prior written permission;
  • Violates any robot exclusion headers of the Websites, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Websites;
  • Shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Websites;
  • Attempts to scrape or collect any personal or private information from other users or from the Websites;
  • Pretends to come from someone other than you, or where you are impersonating someone else;
  • Intercepts or monitors, damages, or modifies any communication not intended for you;
  • Uses or attempts to use another’s credentials, or to otherwise gain unauthorized access to another’s registration, account, password, service or system except as expressly permitted by the Terms;
  • Uploads or transmits viruses or any other harmful, disruptive or destructive files, materials or code;
  • Disrupts, interferes with, or otherwise harms or violates the security of the Websites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or affiliated or linked sites, or Services;
  • “Flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
  • Otherwise breaches these Terms.

WARNING: A VIOLATION OF THESE RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

You shall notify us immediately upon becoming aware of the commission by any person of any use of the Websites that violates these Terms by sending an email to legal@chicagopublicmedia.org, and you shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.

You acknowledge that we have no obligation to monitor any users’ access to or use of the Websites, or to review or edit any Content or User Content, but we have the right to do so in our sole discretion: (i) for the purpose of operating and improving the Websites and providing the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) to ensure your compliance with these Terms; (iii) to comply with applicable laws, statutes, regulations or the order or requirement of a court, administrative agency or other governmental body; or (iv) to address content that we determine is otherwise objectionable or violates these Terms; (v) for any purpose we deem necessary or advisable to avoid or limit damage to us, our business, third parties and/or other users. We reserve the right, at any time and without prior notice, to remove or disable access to any User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms, otherwise harmful to the Websites, or for any other reason that we deem appropriate, and to remove, suspend or disable access to any Registration or account. In order to protect the integrity of the Services, we also reserve the right at any time in our sole discretion to block users and/or certain IP addresses from accessing and using the Websites and Services.

You acknowledge, consent, and agree that we may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (i) to respond to claims asserted against us or to comply with legal process (for example, subpoenas, warrants, or other process ); (ii) to enforce or administer our agreements with users, including without limitation these Terms; (iii) to provide the services you request; (iv) to protect the rights or property of the Websites, CPM Entities, and their respective third-party suppliers and licensors, and Services; (v) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; (vi) to protect the rights, property or safety of the Websites’ users, or members of the public; or (vii) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of us, you or others.

Transactions and E-Commerce. You may elect to engage in a transaction involving the purchase of a product or service, such as a newspaper subscription, a print or online advertisement or other tangible goods and services, or to make a donation using the Services. Credit card transactions and order fulfillment are often handled by third-party processing agents, banks or distribution companies. The entities involved in payment processing and order fulfillment are not related to CPM Entities or under our control, and we are not responsible for the security policies or any breach of their systems. Although transactions over the Internet or offline are generally secure, no one can guarantee that that is always the case. If you are concerned about credit card safety, we often make a telephone number available so you can place your order by phone. The CPM Entities cannot and do not take responsibility for the online or offline security of transactions undertaken or processed by third parties, transactions that do not correctly reflect what you believe you ordered or purchased, or the failure of a transaction to be completed.

Linked Websites; Embedded Video Player. We provide links to other websites that we do not operate or control, and/or that we are otherwise not connected with. Please read the applicable terms and conditions and privacy policy of any website before you provide any personal information or engage in any transactions through these websites. We are not responsible for the content or information collection, sharing or retention practices of any website other than the Websites (and then only as provided in our Privacy Policy), even if the website is operated by a company affiliated or otherwise connected with us. By using the Services, you acknowledge and agree that we are not responsible or liable to you for any liability or damage you might suffer as a result of your access or use of a website that is not owned by us.

When viewing the Websites, you may link to, or view as part of a frame, certain content that is actually created, hosted, and/or provided to us by a third party. We have no control over third-party sites, content, information and/or resources, and you acknowledge and agree that we are not responsible for these websites or resources, or their content, information, actions, or policies. Information you provide on such websites, including personal information and payment information, is subject to the applicable terms and conditions and privacy policies of those websites.

The Websites use the unbranded version of the YouTube embedded video player (“YouTube Player”) to display some of our YouTube video content. By using, interacting or engaging with the YouTube Player on the Site, you agree to be bound by the YouTube Terms of Service, found here: www.youtube.com/t/terms.

Errors in Advertisements. A product or service may not be available at the time or price as it appears in an advertisement or on the same terms as the offer or other material that appears on the Websites. The CPM Entities are not responsible for, and have no responsibility to provide Services or products, or to otherwise fulfill offers, when there have been such errors or discrepancies.

Communications with Third Parties Through the Websites. Your dealings or communications through the Websites with any party other than CPM Entities are solely between you and that third party. For example, certain areas of the Websites may allow you to conduct transactions or purchase goods or services through third parties other than the CPM Entities. In some cases, these transactions will be conducted by our third-party suppliers and vendors; others involve third parties unrelated to us. Under no circumstances will we have any responsibility for, or be liable for, any relationship or transactions you have with third parties or the goods, services, resources or content available through them, or for any harm or damage related thereto. Please review carefully third parties’ policies and practices before you engage in any transaction Complaints, concerns or questions relating to information, products, services or materials provided by third parties should be directed to the third party.

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, it is our policy to terminate the Registration of anyone who is deemed to infringe third-party intellectual property rights and/or to remove Content and User Content that is deemed to be infringing. If you believe that your work as displayed on any of the Websites has been copied in a way that constitutes copyright infringement, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. 1.an electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
2. 2.a description of your copyrighted work or other intellectual property that you claim has been infringed;
3. 3.a description of where the material you claim is infringing is located on the Websites (providing us with website URL is the best way to help us locate content);
4. 4.your address, telephone number, and e-mail address;
5. 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. 6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our copyright agent can be reached as follows: General Counsel/Copyright Agent, 848 E Grand Ave, Chicago IL 60611; Email: legal@chicagopublicmedia.org.

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us at legal@chicagopublicmedia.org. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

General Disclaimer and Limitation of Liability. While the CPM Entities make reasonable efforts to include accurate and up-to-date information on the Websites and through the Services, the CPM Entities make no any warranties or representations as to the accuracy of the Websites, the Content, the Services or any of the Websites, the Content, the Services or any User Content, and assume no liability or responsibility for any error or omission in any of them. CPM Entities do not represent or warrant that use of any of the Websites, Content, Services or User Content will infringe rights of third parties. CPM Entities have no responsibility for actions of third parties or for content provided by others, including without limitation, User Content.

USE OF THE SERVICES AND WEBSITES IS AT YOUR OWN RISK. ALL INFORMATION, CONTENT, USER CONTENT, SERVICES AND ACCESS TO THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER CPM ENTITIES, ITS THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICES, WEBSITES, THE CONTENT, USER CONTENT, ANY ADVERTISING OR PROMOTIONS MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITES, AND/OR THE RESULTS THAT MAY (OR MAY NOT) BE OBTAINED FROM USE OF THE SERVICES, WEBSITES OR THEIR INFORMATION OR CONTENT. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE WEBSITES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. CPM ENTITIES, ITS THIRD PARTY SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT CREATED OR POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, OR OTHER PROPERTY. THE WEBSITES CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS. CPM ENTITIES DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICES OR WEBSITES. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPM ENTITIES, ITS THIRD PARTY SUPPLIERS, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMPUTERS, DEVICES, TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES OR WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CPM ENTITIES, ITS THIRD PARTY SUPPLIERS AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF $100 OR THE AMOUNT YOU PAID TO CPM ENTITIES IN THE SIX MONTHS PRIOR TO A CLAIM’S ARISING TO USE THE SERVICES OR WEBSITES FROM WHICH THE CLAIM AROSE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS SECTION AND THESE TERMS, ACCESS TO THE SERVICES AND WEBSITES AND THE COST OF REGISTRATION WOULD BE HIGHER.

Indemnity. You agree to indemnify, defend and hold harmless CPM Entities, their third party suppliers, and their respective officers, directors, shareholders, employees, representatives, contractors, agents, content providers or licensors and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) in any and all jurisdictions arising from or relating to any allegation regarding: (1) your use of the Services or Websites; (2) use of any User Content or information you provide by or through the Services, Websites or CPM Entities; (3) any actions undertaken using your credentials, account or Registration, including information or material Provided through your Registration, even if not Provided or posted by you; and (4) any violation of these Terms.

Eligibility. The Websites are intended for general audiences, and are not directed to children under the age of 13. Please see our Privacy Policy for further information.

International Users. The Websites are controlled, operated and administered by CPM Entities from their offices within the United States. CPM Entities make no representation that materials, Content or User Content available through the Websites are appropriate or available for use outside the United States or that access to them from locations outside the United is legal or permitted under applicable law. You may not use the Websites or export the Content and/or User Content in violation of U.S. export laws and regulations. If you access the Websites from a location outside the United States, you are responsible for compliance with all applicable laws. If you are located in any member state that is part of the European Economic Area or any member state that has adopted the General Data Protection Regulation, you are not permitted to provide personal data to us.

Modifying these Terms. The CPM Entities reserve the right to change these Terms at any time in their discretion and to notify users of any such changes solely by changing the Effective Date of these Terms. The most current version of these Terms supersedes all previous versions. Your continued use of the Services and Websites after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.

Discontinuation of Service. CPM Entities may modify, suspend, discontinue or restrict the use of any portion of the Services or Websites, including the availability of any portion of the Content and/or User Content, any time, without notice or liability. CPM Entities may deny access to any user, account holder, or subscriber at any time for any reason, or no reason at all in our sole discretion. In addition, CPM Entities may at any time transfer rights and obligations under these Terms to any CPM Entities’ affiliates, divisions, subsidiaries or business units, or any of their affiliated companies or divisions, or any entity that acquires, in whole or in part, any or all of the Websites, CPM Entities, and/or their affiliates, divisions, subsidiaries or business units, or any of their affiliated companies or divisions, or any of their respective assets.

Statute of Limitations. To the extent allowed by law, you shall file any claim regarding any aspect of the Services or Websites, your use of the Services or Websites, your relationship with us, or these Terms, within six months of the time in which the events giving rise to such claim began. You agree that any claims not filed within six months of the time in which the events giving rise to such claim began are waived, and you will have no rights to pursue any such claim after the six month period has ended.

Disputes. Customer support is available at legal@chicagopublicmedia.org to address any concerns you may have regarding the Services and Websites. Issues you have with transactions or Content and other products or services on the Websites may be handled by the third parties that offer the Content, or products or services so check the Websites to determine if your issue should be directed to another entity and not CPM Entities.

Our customer support department resolves most concerns to our customers’ satisfaction. You agree to cooperate with us to try to settle any dispute, claim, question, or disagreement directly through consultation with our customer support department and to engage in good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.

For any dispute that is not subject to binding arbitration or otherwise as set forth in these Terms, you and CPM Entities agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of Illinois, County of Cook. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

These Terms and the relationship between you and CPM Entities shall be governed by the laws of the State of Illinois without regard to conflict of law provisions. You acknowledge that accessing and using the Services, Websites, Registering, or posting any User Content, involve transactions and actions in the State of Illinois and not the state you are in when you access or use the Services or Websites.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and CPM Entities agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to, claims arising out of or relating to any aspect of the relationship between us and/or your access or use of the Services and Websites (including, but not limited to, claims related to advertising), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, whether the claims arose before the effective date of these Terms or under any prior agreement and claims that may arise after the termination of these Terms. The only disputes excluded from this broad interpretation are the litigation of certain intellectual property and small claims court claims, as provided below.

By agreeing to these Terms, you agree to resolve all disputes with any of the CPM Entities as follows:

Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration or litigation. You can reach our customer support department at legal@chicagopublicmedia.org. Except for intellectual property and small claims court claims, the parties agree to cooperate to settle any dispute, claim, question, or disagreement directly through consultation with our customer support department, and good faith negotiations shall be a condition precedent to either party initiating a lawsuit or arbitration. To start the dispute resolution process, the complaining party shall serve the other with a written notice of the dispute. Within sixty (60) days after either side has provided notice of a dispute, the party that has provided the notice shall request a remote settlement conference (via telephone or video conference service such as Zoom) that requires personal participation of each party (you and one of the CPM Entities) and, if represented by an attorney, each party’s counsel (“Settlement Conference”). The parties shall engage in a good faith negotiation in one or more Settlement Conferences. The initial dispute resolution process requires that the parties hold one Settlement Conference; thereafter further conferences may be held if both parties agree to continue attempts to resolve the dispute using the process. Any party who fails to abide by this initial dispute resolution process, or does not participate in good faith, will be obligated to reimburse the other party’s costs, including attorney’s fees, incurred in relation to that party’s nonparticipation or not participating in good faith in the initial dispute resolution provision.

Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the date the first Settlement Conference is held, then either party may submit the matter to the American Arbitration Association (“AAA”) for binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including these Terms’ and the Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your access to or use of the Services or Websites, shall be finally settled by binding arbitration administered by AAA in accordance with its Consumer Arbitration Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the party found to have filed the frivolous, harassing or bad-faith claim will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in Cook County, Illinois. The arbitrator may award money and/or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, hearings can be held virtually. The arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration shall take place, or if virtual will be deemed to take place in Cook County, Illinois. For individuals residing outside the United States, arbitration shall be initiated in Cook County in the State of Illinois, United States of America, and you and CPM Entities agree to submit to the personal jurisdiction of any federal or state court in Cook County, Illinois to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Mass Arbitrations. To increase the efficiency of arbitrating and resolving disputes between you and the CPM Entities, in the event 25 or more arbitrations assert the same or substantially similar facts or claims, seek the same or substantially similar relief and are presented by or with the assistance or coordination of one or more law firm(s) or organization(s) are filed with the AAA against CPM Entities(“Mass Filing”), you and the CPM Entities agree (i) to administer the Mass Filing in batches of 10 demands per batch (to the extent there are fewer than 10 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and CPM Entities so agree); (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by any of the CPM Entities and you, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any of the claimants or CPM Entities may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection shall be conducted in accordance with the applicable AAA rules and procedures for such selection, and will be held virtually unless the arbitrator determines there should be a different location for a batch. You agree to cooperate in good faith with CPM Entities and the AAA to implement such a “batch approach” and to otherwise cooperate in making the arbitration process as efficient and cost-effective as possible, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing a class arbitration of any kind. Unless the CPM Entities otherwise consent in writing, none of the CPM Entities agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to this section insofar as it applies to a Mass Filing.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND EACH OF THE CPM ENTITIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

Exception. Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of the small claims court with proper jurisdiction over the parties and dispute. To the extent a claim is subject to the jurisdiction of the small claims court of Cook County, Illinois, the arbitration provision will not be deemed mandatory.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending timely written notice of your decision to opt out to legal@chicagopublicmedia.org with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the Websites that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, CPM Entities will not be bound by them.

Changes to This Section. Any changes to this section will be made in the same manner as described in the Modifying these Terms section above; however, such changes will only become effective sixty (60) days after the revised Effective Date of these Terms and only will apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after the later of you began using the Websites or you Registered.

Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account or the Websites.

General Provisions:

Force Majeure. The failure of any of the CPM Entities to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Site (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.

Severability. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect.

No Waiver. Any failure of the CPM Entities to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

No Third-Party Beneficiaries. You agree, except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Section Titles. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Termination. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to CPM Entities, including licenses for User Content and ideas and other submissions, the Disputes provisions, and all other provisions for which survival is equitable or appropriate.

Conflicts. In the case of a conflict between these Terms and the terms of any electronic or machine readable statement or policy, these Terms shall control. Similarly, in case of a conflict between these Terms and our Privacy Policy, these Terms control.

No Joint Venture, Partnership, or Agency Relationship. No joint venture, partnership or agency relationship exists between you and CPM Entities. These Terms, our Privacy Policy, any uses of the Websites by you, and any information, products, or services provided by the Websites to you do not create and shall not be construed to create a joint venture, partnership or agency relationship between you on the one hand and, on the other, the Services, Websites or CPM Entities.

Limitation of Liability and Disclaimer of Warranties are Material Terms of these Terms. You agree that the provisions of these Terms that limit liability and disclaim warranties are essential terms of these Terms of Service.

Entire Agreement. These Terms constitute the entire agreement between you and CPM Entities and supersede all prior or contemporaneous understandings regarding such subject matter. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.