NFHS Network, LLC (“we”, “us”, “NFHS” or “Company”) is offering you, the user or subscriber of the
NFHS Network (“you”), the opportunity to refer friends via a Referral Program (“Program”) offered on
the web site located at https://www.nfhsnetwork.com/ (the “Site”).
1. Binding Agreement. By participating in the Program, you are bound by these Refer-a-Friend Terms and Conditions (“Terms”) and indicate your agreement to them. These terms are in addition to and do not replace the Company’s Terms of Use available at: https://www.nfhsnetwork.com/termsofuse (“TOU”). In the event of any conflict between these Terms and the TOU, the TOU will control. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR RIGHTS AND YOUR ABILITY TO RECOVER DAMAGES IN THE EVENT OF A DISPUTE. All of the Company's decisions are final and binding.
2. Privacy. The personal information collected, processed, and used as part of the Program will be used in accordance with Company’s Privacy Policy, which is available here: https://www.nfhsnetwork.com/privacypolicy.
3. Program Overview. The Program allows subscribers and users (including non-subscribers) of the NFHS Network to refer friends, family members, or colleagues (collectively, "Friends"). To constitute a valid referral, you must complete the referral process as per the referral message. Once you complete the referral process, you become a “Referrer” and you will be provided with a unique referral link (“Personal Link”) that you can share with your Friends.
4. Referral Incentives. By participating in the Program, you may receive rewards for successful referrals. If eligible, you may also be automatically enrolled in certain contests (“Contests”) and entered into sweepstakes (“Sweepstakes”) where you may have the opportunity to win even more rewards! (Awards, rewards, or prizes for successful referrals, Contests, and Sweepstakes are collectively referred to as “Rewards.”)
4.1. Non-Subscribers. If you are not a subscriber to the NFHS Network, you can still participate in the Program and receive a Reward for referring Friends! Non-subscribers who refer a Friend leading to a subscription and successful second month billing will receive a $10 Amazon gift card. This incentive is limited to one gift card per successful referral and five referrals per year. If you are a Subscriber to the NFHS Network, read on for even more opportunities to win!
4.2. Subscribers. If you already have a paid subscription to the NFHS Network (i.e., you are an “Existing Subscriber”), by making a valid referral, you will receive one month free for your NFHS Network subscription. As an Existing Subscriber, you can earn an unlimited number of referral Rewards per year. Existing Subscribers are also eligible to participate in a Contest from September 1, 2023 through September 30, 2023 (the “Contest Period”). The Existing Subscriber who refers the most Friends during the Contest Period will win a $100 Amazon gift card. Finally, any Existing Subscriber who refers a Friend during the Contest Period will be entered into our Sweepstakes to win a free annual pass for the NFHS Network. One lucky winner will be randomly selected to receive a free annual pass for the NFHS Network. You acknowledge that you will only receive one submission per valid Referrer account. You further acknowledge that the winner is selected at random and the odds of winning depend upon the number of entries received and cannot be determined in advance.
4.3. Disclaimers. Unless otherwise stated, Rewards have no monetary value and cannot be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Rewards may be redeemed in various forms in the Company's sole discretion. Winners may not request the substitution of any Reward. If applicable, winners are solely responsible for the payment of all taxes, duties, fees, and expenses associated with the receipt of any Reward. Additional restrictions may apply. For example, there may be a limitation on the number of referrals you can make or the number of Rewards you can receive. If the Reward is in the form of a gift card, gift certificate, or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason, including, without limitation, if the Company believes you have violated these Terms or the TOU. If any Reward becomes unavailable for any reason, the Company may replace or substitute the Reward for a Reward of equal value in its sole and absolute discretion. The Company reserves the right to discontinue, cancel, or terminate any Contest or Sweepstakes at any time in its sole and absolute discretion without prior notice to you. 5. Restrictions. Unless otherwise specifically stated or posted, you must be a legal resident of the United States of America and at least 18 years old to receive Rewards or participate in the Contest or Sweepstakes. Referrers cannot refer themselves or create multiple, fictitious, or fake accounts with the Company or participate in the Program as “Friends”. You cannot use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper, obstruct, or otherwise interfere with the Program or its operations, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able or otherwise eligible to participate in the Program.
Users who subscribed through Apple iTunes, Google Play, ROKU, or Amazon Fire are not eligible to participate in the Program.
Users who paid for their subscription using PayPal are not eligible to participate in the program.
6. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, members, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from and against any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)), your participation in the Program, and/or the awarding, receipt and/or use or misuse of any benefit of the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to you or any users for any damages, including, without limitation, for failure to supply any advertised benefit or reward, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO ANY REWARDS OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY INFORMATION, REWARDS, BENEFITS, PRIZES, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS.
8. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent to submit such email to Company and for Company to use such email for the Program. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action against you. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with any applicable laws, rules, and/or regulations, including, without limitation, anti-spam laws, are obligated to indemnify, defend, and hold harmless the Release Parties against any liabilities, costs, and expenses (including attorneys’ fees) any Released Party incurs, whether directly or indirectly, as a result of such noncompliance with any applicable law, rule, and/or regulation, and/or any spam.
9. Sign-In Credentials. You are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify the Company immediately if they suspect unauthorized access to their account. You agree that the Company will not be liable for any loss or damage arising from any unauthorized use of their credentials.
10. Right to Cancel, Modify, or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We further reserve the right to update these Terms at any time, for any reason, and from time to time without prior notice to you. If we do update these Terms, we will revise the “Last Updated” date at the top of this page. We reserve the right to disqualify you or any other participant of the Program at any time from participation in the Program if you or he/she does not comply with any of these Terms or the TOU.
11. Arbitration. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
The Company would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us as specified in the “Contacting Us” section of the TOU with a description of the dispute and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
You and the Company agree to resolve any past or present claims relating to these Terms, the TOU, or the Program through final and binding arbitration; except, that, you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by contacting us as specified above within 30 days of agreeing to these arbitration terms or the relevant changes. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Atlanta, Georgia or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide; except, that, a Georgia court has the authority to determine (i) the scope, enforceability, and arbitrability of this Section 11, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. This section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Program or intellectual property infringement.
Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, you and the Company each knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent you or the Company from participating in a class-wide settlement of claims.
12. Certain Jurisdictions. The Content is null and void if you reside in jurisdiction where prohibited by law.
1. Binding Agreement. By participating in the Program, you are bound by these Refer-a-Friend Terms and Conditions (“Terms”) and indicate your agreement to them. These terms are in addition to and do not replace the Company’s Terms of Use available at: https://www.nfhsnetwork.com/termsofuse (“TOU”). In the event of any conflict between these Terms and the TOU, the TOU will control. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR RIGHTS AND YOUR ABILITY TO RECOVER DAMAGES IN THE EVENT OF A DISPUTE. All of the Company's decisions are final and binding.
2. Privacy. The personal information collected, processed, and used as part of the Program will be used in accordance with Company’s Privacy Policy, which is available here: https://www.nfhsnetwork.com/privacypolicy.
3. Program Overview. The Program allows subscribers and users (including non-subscribers) of the NFHS Network to refer friends, family members, or colleagues (collectively, "Friends"). To constitute a valid referral, you must complete the referral process as per the referral message. Once you complete the referral process, you become a “Referrer” and you will be provided with a unique referral link (“Personal Link”) that you can share with your Friends.
4. Referral Incentives. By participating in the Program, you may receive rewards for successful referrals. If eligible, you may also be automatically enrolled in certain contests (“Contests”) and entered into sweepstakes (“Sweepstakes”) where you may have the opportunity to win even more rewards! (Awards, rewards, or prizes for successful referrals, Contests, and Sweepstakes are collectively referred to as “Rewards.”)
4.1. Non-Subscribers. If you are not a subscriber to the NFHS Network, you can still participate in the Program and receive a Reward for referring Friends! Non-subscribers who refer a Friend leading to a subscription and successful second month billing will receive a $10 Amazon gift card. This incentive is limited to one gift card per successful referral and five referrals per year. If you are a Subscriber to the NFHS Network, read on for even more opportunities to win!
4.2. Subscribers. If you already have a paid subscription to the NFHS Network (i.e., you are an “Existing Subscriber”), by making a valid referral, you will receive one month free for your NFHS Network subscription. As an Existing Subscriber, you can earn an unlimited number of referral Rewards per year. Existing Subscribers are also eligible to participate in a Contest from September 1, 2023 through September 30, 2023 (the “Contest Period”). The Existing Subscriber who refers the most Friends during the Contest Period will win a $100 Amazon gift card. Finally, any Existing Subscriber who refers a Friend during the Contest Period will be entered into our Sweepstakes to win a free annual pass for the NFHS Network. One lucky winner will be randomly selected to receive a free annual pass for the NFHS Network. You acknowledge that you will only receive one submission per valid Referrer account. You further acknowledge that the winner is selected at random and the odds of winning depend upon the number of entries received and cannot be determined in advance.
4.3. Disclaimers. Unless otherwise stated, Rewards have no monetary value and cannot be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Rewards may be redeemed in various forms in the Company's sole discretion. Winners may not request the substitution of any Reward. If applicable, winners are solely responsible for the payment of all taxes, duties, fees, and expenses associated with the receipt of any Reward. Additional restrictions may apply. For example, there may be a limitation on the number of referrals you can make or the number of Rewards you can receive. If the Reward is in the form of a gift card, gift certificate, or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason, including, without limitation, if the Company believes you have violated these Terms or the TOU. If any Reward becomes unavailable for any reason, the Company may replace or substitute the Reward for a Reward of equal value in its sole and absolute discretion. The Company reserves the right to discontinue, cancel, or terminate any Contest or Sweepstakes at any time in its sole and absolute discretion without prior notice to you. 5. Restrictions. Unless otherwise specifically stated or posted, you must be a legal resident of the United States of America and at least 18 years old to receive Rewards or participate in the Contest or Sweepstakes. Referrers cannot refer themselves or create multiple, fictitious, or fake accounts with the Company or participate in the Program as “Friends”. You cannot use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper, obstruct, or otherwise interfere with the Program or its operations, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able or otherwise eligible to participate in the Program.
Users who subscribed through Apple iTunes, Google Play, ROKU, or Amazon Fire are not eligible to participate in the Program.
Users who paid for their subscription using PayPal are not eligible to participate in the program.
6. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, members, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from and against any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)), your participation in the Program, and/or the awarding, receipt and/or use or misuse of any benefit of the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to you or any users for any damages, including, without limitation, for failure to supply any advertised benefit or reward, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO ANY REWARDS OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY INFORMATION, REWARDS, BENEFITS, PRIZES, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS.
8. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent to submit such email to Company and for Company to use such email for the Program. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action against you. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with any applicable laws, rules, and/or regulations, including, without limitation, anti-spam laws, are obligated to indemnify, defend, and hold harmless the Release Parties against any liabilities, costs, and expenses (including attorneys’ fees) any Released Party incurs, whether directly or indirectly, as a result of such noncompliance with any applicable law, rule, and/or regulation, and/or any spam.
9. Sign-In Credentials. You are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify the Company immediately if they suspect unauthorized access to their account. You agree that the Company will not be liable for any loss or damage arising from any unauthorized use of their credentials.
10. Right to Cancel, Modify, or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We further reserve the right to update these Terms at any time, for any reason, and from time to time without prior notice to you. If we do update these Terms, we will revise the “Last Updated” date at the top of this page. We reserve the right to disqualify you or any other participant of the Program at any time from participation in the Program if you or he/she does not comply with any of these Terms or the TOU.
11. Arbitration. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
The Company would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us as specified in the “Contacting Us” section of the TOU with a description of the dispute and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
You and the Company agree to resolve any past or present claims relating to these Terms, the TOU, or the Program through final and binding arbitration; except, that, you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by contacting us as specified above within 30 days of agreeing to these arbitration terms or the relevant changes. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Atlanta, Georgia or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide; except, that, a Georgia court has the authority to determine (i) the scope, enforceability, and arbitrability of this Section 11, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. This section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Program or intellectual property infringement.
Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, you and the Company each knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent you or the Company from participating in a class-wide settlement of claims.
12. Certain Jurisdictions. The Content is null and void if you reside in jurisdiction where prohibited by law.