CONNECTICUT EXAMINER TERMS OF SERVICE

Effective Date: November [14], 2022

These Terms of Service (“Terms”) govern the access to and use of the website, www.CTExaminer.com (the “Site”), including any mobile-optimized versions of the website, digital subscription product, or other online service (collectively, the “Service”) provided by CT Examiner LLC and its affiliates (collectively, “CTEx,” “we,” “us,” and “our”).

By accessing, using, and/or participating in the Service in any manner, you agree to be legally bound to these Terms on behalf of yourself and each of your heirs, assigns and successors (collectively, “you”). If you are using the Service on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

Please review THESE TERMS carefully. By using THE Service, you acknowledge that you accept the TERMS set forth herein. If you do not accept such TERMS, you may not access the Service.

  1. Binding Arbitration

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND CTEX MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CTEX TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please review Section 14 for the details regarding your agreement to arbitrate any disputes with CTEX.

  • Privacy

Use of our Service is subject to our Privacy Policy (“Privacy Policy”), which describes how we use and collect information through the Service. We encourage you to carefully review our Privacy Policy.

  • Description of Service

CTEx is an online newspaper platform that provides nonpartisan journalism to readers (“users”) in Connecticut and surrounding areas. Our Service includes online news articles, opinion letters, editorial publications, stories, reviews, directories, guides, subscription products, and related text, as well as photographs, images, illustrations, audio, video, algorithms and codes, trademarks, logos, or any combination thereof (collectively, the “Content”). You may be required to register for an account to use parts of the Service, as described in Section 4. Some Content and parts of our Service may also require payment before you can access them, as described in Section 6.

  • Accounts

You may be required to register for an account (“Account”) to use parts of the Service or access certain Content. You agree that the information you provide to us during the registration process and at all other times when you use the Service is accurate, current, and complete, and that you will promptly update your information thereafter as necessary. You can update your Account by logging into your account and modifying your information, or by contacting us directly.

You are the sole authorized user of any Account you create through the Service and are solely and fully responsible for all activities that occur under your Account. You may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. If you have reason to believe that your Account is no longer secure, you must immediately notify us by contacting us at [admin@ctexaminer.com]. CTEx will not be liable for losses, damages, liability, expenses, and fees incurred by CTEx or a third party arising from someone else using your Account regardless of whether you have notified us of such unauthorized use. We may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

By registering an Account, you acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of CTEx. If you fail to comply or if CTEx has reasonable grounds to suspect that any part of these Terms has been violated, CTEx has the right to suspend or terminate your Account. CTEx reserves the right to refuse any and all current or future use of the Service (or any portion thereof), including your right to use or access any Content, at any time and for any reason.

By creating an Account with us, you electronically agree to accept and receive communications from CTEx, including promotional emails, responses to information submitted by you, and notifications related to the Service (collectively, “Communications”), via [the email address you provided to us] 

  • s

You may purchase a digital subscription to the Service (“Subscription”) by paying a subscription fee in advance on a monthly basis (every 30 days) or annual basis, depending on the Subscription chosen. A Subscription is a continuous Subscription Service that is subject to automatic renewal for the applicable term length, which means we will automatically bill your payment method [one (1) business day] before the start of each new term until your Subscription is cancelled or otherwise terminated.

CTEx may offer a trial period or introductory rate  from time to time for a specified period. If your initial Subscription is subject to a trial offer or introductory rate, your payment method will automatically be billed for the amount specified for the applicable Subscription at the expiration of the specified term until you cancel the Subscription.

YOU HAVE THE RIGHT TO NOT RENEW YOUR SUBSCRIPTION AT ANY TIME BY FOLLOWING THE CANCELLATION PROCESS OUTLINED IN SECTION 6.2.  YOU WILL BE CHARGED FOR ANY ACTIVE SUBSCRIPTION PRIOR TO CANCELLATION.

  • Payment

You agree that you are financially responsible for your Subscription Service, and to the extent applicable, you agree to pay all fees or charges for your Subscription Service in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, including all applicable taxes. You must provide CTEx with valid payment information in connection with your Subscription Service. Payment will be processed by CTEx’s independent third-party payment processor, using the preferred payment method designated in your account. We may charge another stored payment method if your default payment card is declined or no longer available to us.

By providing CTEx with your payment information and clicking the [PLACE ORDER] button as your electronic signature (your “Order”), you agree that (i) CTEx is authorized to charge you for all fees due and payable to CTEx under your Account, and (ii) CTEx is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). By submitting your payment information and clicking the [SUBMIT PAYMENT] button as your electronic signature, you also confirm that you have read and agreed to all applicable terms and conditions, including applicable disclosures, and you agree to receive billing information and other notices, disclosures, and communications from CTEx in electronic form. You may withdraw your consent to receiving these communications electronically by emailing us at the contact information provided in these Terms.

You further agree to immediately notify CTEx in writing of any change in your payment information. In the event CTEx cannot charge your payment method, we will notify you that your payment method is expired or otherwise not accepting the charge and ask that you update your payment information. If you do not provide us with a valid payment method, we reserve the right to suspend or terminate your access to the Subscription.

CTEx reserves the right to change its prices and billing methods at any time to correct errors or to comply with applicable laws. CTEx may also change its prices and billing methods at any time and for any other reason, with advance notice to you. Price changes will take effect at the start of the next Subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling the applicable Subscription Service prior to the price change going into effect.

To cancel your Subscription, you must notify us at least [three (3) days] in advance before your monthly Subscription renews and at least [five (5) days] in advance before your annual Subscription in order to avoid paying for the next billing period. You may cancel your Subscription and any other Subscription Service within the applicable cancellation period by sending an email to [admin@ctexaminer.com] with “Subscription Cancellation” in the subject line]. If you cancel a Subscription, no new charges will be made following the end of the Subscription term. CTEx does not refund payments for partial months. CTEx has no obligation to provide refunds, credits or promotional offers, but may grant them, in each case in CTEx’s sole discretion.

If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Service; your Account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs.

  • Ownership of Service

The Service and Content are the property of us or our licensors, as applicable. The Service and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

  • License

CTEx grants you a non-exclusive, non-transferable, revocable, limited license to use the Service for your personal, non-commercial purposes, subject to these Terms and CTEx policies made available on the Service. Additionally, your license to Content that requires a Subscription, if applicable, is limited to the term of your Subscription. Neither the Service nor any related Content may be reproduced, copied, framed, linked to or otherwise exploited for any commercial purpose without the express prior written consent of CTEx.

  • Content

We may provide functionality on the Site or Services where Users may submit comments, photos, messages, letters, third party links or information, communications, or any combination thereof (collectively, “User Content”). CTEx makes no warranties or guarantees as to the accuracy of User Content submitted, uploaded, or displayed on the Site. Any ideas or opinions expressed through User Content do not necessarily represent the views or opinions of CTEx, and we are not responsible for any loss or damage incurred as a result from your interaction with User Content.

You acknowledge and agree that any User Content made to or by means of any portion of the Service are public. You further acknowledge that there is no expectation of privacy in any public communication, and there is no confidential, fiduciary, contractually implied or other relationship created between you and CTEx by reason of your transmitting a public communication to any portion of the Site.

User Content, including any ideas, comments, suggestions, feedback, data or the like, will be considered non-confidential and non-proprietary. CTEx will have no obligations with respect to the User Content. You assign all intellectual property rights, including any moral, publicity and privacy rights you have in any User Content. By submitting the User Content to CTEx, you agree CTEx is free to use the User Content, without limitation and without any compensation to you, for any purpose whatsoever. CTEx and our designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the User Content and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. You represent and warrant to CTEx that you have the full legal right and authority to grant to CTEx the rights provided for herein, that you own or control the complete rights to the User Content you submitted, and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.

  1. Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send CTEx a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CTEx to locate the material on the Service;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CTEx a counter-notice. Notices and counter-notices must be sent to CTEx’s designated copyright agent at [admin@ctexaminer.com].

  1. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, by (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Service or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.

You agree not to use the Service:

  • In any way that violates any applicable federal, state, local or international law or regulation;
    • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service or expose them to liability;
    • For sending or storing any unlawful material or for deceptive or fraudulent purposes;
    • To send or store any unsolicited, harassing, profane or hate-related or violent content, or any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights
    • To send or store any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity;
    • To access another user’s account, impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
    • For any commercial purpose, including, but not limited to advertising to, soliciting or selling to any other User, unless we have given you prior written consent to do so;
    • In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;
    • Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the materials on the Service;
    • Use any manual process to monitor or copy any of the materials on the Service or for any other unauthorized purpose without our prior written consent;
    • Use any device, software or routine that interferes with the proper working of the Service; or
    • Otherwise attempt to interfere with the proper working of the Service.

In submitting User Content through the Service, you agree you will not:

  • Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
  • Post advertisements or solicitations of business or employment;
  • Impersonate another person;
  • Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CTEx all of the license rights granted herein;
  • Submit material that is unsuitable for minors in any country; or
  • Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.

CTEx reserves the right, but has no obligation, to refuse to post, block or remove User Content from the Service for any reason in our sole discretion. CTEx may terminate your access to or use of our Service to prevent further posting or distribution of User Content.

  1. Links to Third Party Sites

The Service may contain links to third-party websites, applications, and advertisements (collectively, “Third Party Sites”). Please understand that Third Party Sites and any material contained therein have different terms of service and privacy policies, and that CTEx does not endorse or control and is not responsible for the content of such websites or the privacy practices of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy. We advise you to carefully review the policies of any Third Party Sites you access or use. CTEx will not be liable for any harm or damage arising from your interactions with a good or service provided by any Third Party Sites.

  1. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Service after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

In consideration of and as a condition of your use of the Service you and CTEx (collectively, the“Parties”) agree as follows:

  1. Applicability; Exclusions; Court and Jury Trial Waiver.

The Parties agree that any and all covered disputes (as defined below) that either Party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below (the “Arbitration Agreement”). This means that the Parties have selected arbitration as the sole and exclusive forum for the Parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the Parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the Parties; arising under any state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

The Parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the Parties that the term “covered disputes” shall cover and include all such disputes not only between the Parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against CTEx but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.

  1. Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding

Either party may initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.

  1. Selection and Authority of Arbitrator; Full Remedies Available; Enforceability

The Parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.

  1. Class and Collective Action Waiver; No Consolidated or Joint Actions

YOU AND CTEX 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 ACTION. The Parties further agree that all covered disputes brought against each other in arbitration will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

  1. Fees and Awards

The Parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) except as otherwise required by law, you shall pay all of your initial filing fees; and (ii) in all cases where required by law, CTEx will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs. Each Party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either Party may request that a transcript and/or recording of the hearing be made.

THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF THE AGREEMENT.

  1. Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED BY CTEX ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CTEX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SERVICE, INCLUDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE, OR THE PRODUCTS PROVIDED THROUGH THE SERVICE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CTEX IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR OTHER FORM OF DIRECT OR INDEIRECT, SPECIAL, INCIDENTAL, CONSEQEUTNAIL, EXEMPLARY, OR PUNITIVE DAMAGE RESULTING FROM SUCH PROBLEMS.

CTEX DOES NOT GUARANTEE THE QUALITY, ACCURACY, SUITABILITY, SAFETY, OR APPLICABILITY OF OUR CONTENT. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE OR DECISIONS YOU MAKE REGARDING THE CONTENT OFFERED THROUGH THE SERVICE, REMAINS SOLELY WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER CTEX NOR ITS AFFILIATES, and each of ITS respective officers, directors, employees, agents, representatives IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF, OR FOR ANY PRODUCTS/SERVICES PROVIDED BY, ANY USER. NEITHER CTEX NOR ITS AFFILIATES, and each of ITS respective officers, directors, employees, agents, representatives WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTUAL OR ALLEGED ACTS OR OMISSIONS OF ANY USER OR OTHER THIRD PARTY. If you have a dispute with one or more USERS, you agree to waive and release CTEX (including CTEX’s affiliates, and each of OUr respective officers, directors, employees, agents, representatives) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CTEX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SERVICE, SERVICE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE IS TO STOP USING THE SERVICE AND/OR THOSE PRODUCTS. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Service must be brought within one (1) year of the date of the event giving rise to such action occurred. A dispute is commenced if it is filed in an arbitration or, if the dispute is non-arbitrable, a court with jurisdiction. Nothing in these Terms will limit any liability that cannot be limited or disclaimed under applicable law.

By agreeing to these Terms, you and CTEx agree to waive the right to pursue any dispute, claim, or controversy that is not filed within one (1) year.

  1. Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from: (i) any violation by you of these Terms, including any violation of any applicable laws, rules or regulations; (ii) any dispute or issue between you and any third party, including any User; or (iii) from our termination of your access to or use of the Service. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

  1. Miscellaneous

These Terms shall be governed by the laws of the state of Connecticut, without regard to choice or conflicts of law principles. Except as set forth in Section 14 of these Terms, you agree to submit to the exclusive jurisdiction of the state or federal courts of Connecticut, USA in respect of any disputes arising under or in connection with these Terms. Notwithstanding any provision of these Terms, CTEx may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms by you.

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Service, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your Account and any Content generated by you on the Service, block your access to the Service, and/or block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth 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. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

  1. How to Contact Us

If you have any questions, comments, requests, or notices regarding these Terms, please contact us at [admin@ctexaminer.com].