© 2021 Lee Enterprises
Terms of Service | Privacy Policy

Subscriber Terms of Use

Last updated: March 12, 2021

These Subscriber Terms of Use (“Terms”) include terms under which Lee Enterprises, Incorporated (“Lee,” “we,” “us,” “our”) is willing to allow your use of all articles, text, information, data, images and other content (collectively “Content”) available on or through https://themailpress.com/ (the “Site”) and any subscriptions (“Subscriptions”) to newsletters and other publications that you order through the Site (“Newsletters”). You must agree to these Terms to access and use the Site and all Content and to purchase Subscriptions to Newsletters. Once you agree to these Terms in the manner described below, they form a binding legal agreement between you and Lee (“Agreement”).

BY ENTERING AND USING THE SUBSCRIBER PORTION OF THE SITE, by subscribing to any newsletter, OR BY CLICKING “I AGREE” TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND THE agreement. If you do not WISH to ENTER INTO AND be bound by the AGREEMENT, do not access or use the SUBSCRIBER PORTION OF THE Site or any Content, SUBSCRIBE TO ANY NEWSLETTER, OR CLICK “I AGREE.”

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND LEE ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT BELOW WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND LEE TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

GENERALLY

The Site, Content and Newsletters are intended for use by individuals 18 years of age and older. By accessing or using the Site or any Content, or subscribing to any Newsletter, you represent and warrant that you are over 18 years of age.

The Agreement is entered into as of the earlier of the date you first access or use the Site, subscribe to any Newsletter or click “I Agree” to these Terms, and will continue until terminated as set forth herein.

Access to or use of certain areas or functionality of the Site may require that you agree to certain terms in addition to these Terms (“Additional Terms”). In particular, if you desire to distribute a Newsletter through the Site, you must first agree to the publisher terms of use, available at https://themailpress.com/publisher-terms/. Any Additional Terms, including the publisher terms of use, govern the offerings provided through the area(s) of the Site covered by such Additional Terms. These Terms, together with all Additional Terms you enter into with us, constitute the entire agreement between you and us with respect to your access to and use of the Site and any Content, including your Subscription to or provision of any Newsletters through the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. Your access to and use of the Site and any Newsletter Subscription is independent and you shall not be construed as an employee, agent or partner of, or joint venturer with us for any purpose.

We reserve the right, at any time, to modify the Site, any Content, or any Newsletter, as well as these Terms, whether by making those modifications available on the Site or by providing you notice as specified in these Terms. Any modifications will be effective upon posting to the Site or delivery of such notice. You may cease using the Site, Content, or Newsletter(s) at any time if you do not agree to any modification. Subject to the applicable provisions of these Terms, you may also terminate this Agreement or any Subscription. However, you will be deemed to have agreed to any and all modifications through your continued use of the Site, Content, or Newsletter(s) following such notice.

Accounts and Passwords

Access to some of the Content, services, and features available on or through this Site, including the ability to purchase Newsletter Subscriptions, may require you to register for an account on the Site (“Account”) using the form provided. Each registered Account is for a single user only and registration may require you to provide certain personally identifiable information, such as your name, e-mail address, street address, gender, and date of birth. Our use of personally identifiable information is described in our Privacy Policy. You represent that the information you have provided on the Account registration form is true, accurate, current, and complete and that you will maintain and promptly update the information to keep it so.

You are responsible for maintaining the confidentiality of any usernames or passwords associated with your Account or your access to the Site and you agree not to allow any other person or entity to use your usernames or passwords. You will be responsible for all activity that occurs (whether by you or by others) under your Account or using your usernames or passwords. You agree to notify us immediately of any unauthorized use of your passwords or usernames or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any Account, username or password at any time and for any reason and to cease providing Newsletter Subscriptions, and deny access to all or a portion of this Site to any person who violates these Terms.

You are prohibited from attempting to compromise the Site’s security or technological infrastructure and may not tamper with any system resources or Accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. In addition to any other rights we may have, we expressly reserve the right to (1) release your details to system administrators at other sites in order to assist them in resolving security incidents, if we reasonably believe you are involved in any violation of system security, (2) investigate suspected violations of these Terms, and fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user that is believed to violate these Terms or any other federal, state, or local law or regulation. BY ACCEPTING THESE TERMS AND ENTERING INTO THE AGREEMENT, YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF AN INVESTIGATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

USE OF THIS SITE

Newsletter Subscriptions

You may order Subscriptions to Newsletters available through the Site by proceeding through and completing the checkout process as directed on the Site. By completing the checkout process and submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third party payment processor) to charge your payment method for the total amount of your Subscription (including any applicable taxes and other charges) in accordance with your selected plan. If your selected payment method cannot be verified, is or becomes invalid or is otherwise not acceptable, your Subscription may be suspended or cancelled. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account and editing your payment information.

All Subscriptions are subject to these Terms. You will receive your Subscriptions on a recurring basis, in accordance with your selected plan. We will charge your payment method on file for any Subscription, plus any additional fees or taxes, as applicable, on a recurring basis in accordance with your selected plan, for as long as your Subscription continues. All Subscription fees are payable in advance and are non-refundable.

YOUR SUBSCRIPTION IS CONTINUOUS AND WILL RENEW ON A RECURRING BASIS IN ACCORDANCE WITH YOUR SELECTED PLAN (TYPICALLY MONTHLY OR ANNUALLY), UNLESS YOU CANCEL YOUR SUBSCRIPTION OR WE SUSPEND OR STOP PROVIDING YOU ACCESS TO THE SITE OR NEWSLETTERS IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL OR MODIFY YOUR SUBSCRIPTION THROUGH YOUR ACCOUNT AT ANY TIME.

IF YOU DO NOT AFFIRMATIVELY CANCEL A SUBSCRIPTION BEFORE IT RENEWS, YOU WILL BE CHARGED FOR AN ADDITIONAL TERM FOR THE PLAN YOU INITIALLY SELECTED AT THE RATES IN EFFECT AT THE TIME OF RENEWAL. YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION.

In the event you cancel your Subscription, please note that we will continue sending you Newsletters in accordance with your Subscription until the end of your Subscription term and may continue sending you promotional communications, unless you opt out of receiving those communications, as indicated in connection with those communications.

Our Intellectual Property

This Site, including the databases, software, hardware and other technology we use to operate this Site, and all Content and all Newsletters available through this Site are owned by us or our third party providers. All Content and Newsletters are for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and Newsletters and for your use of any Content or Newsletter. Subject to your compliance with these Terms, you may access and use the Site, Content and Newsletters solely for your own personal and non-commercial purposes. The Site, Content and Newsletters are protected by U.S. and international copyright, trademark and other intellectual property laws and you may not, without our prior written consent, (1) alter, modify, copy, reproduce, or create derivative works of the Site or any Content or Newsletter, except that you may download, display, and print one copy of any Content or Newsletter on a single computer for your personal, non-commercial use only; (2) republish, upload, post, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content or Newsletter; or (3) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with the Site, or any Content or Newsletter. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of any Content or Newsletter available through the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in or on any Content or Newsletter you receive through the Site. Using any of our Content on any other web site or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site, provided that the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of the Content of the Site or incorporate into another website or other service any of our intellectual property.

Harmful Content

We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the Content of Newsletters distributed through our Site, but we reserve the right to monitor all Newsletters and to cancel or cease providing any Newsletters that we believe (1) are in any way harmful to minors, or are harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable; (2) encourage others to engage in illegal activities or activities that could cause injury to persons or property; (3) or infringe any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party. To report a complaint regarding any Newsletter or Content, please use the Report Abuse button available on our Site.

Links to Other Sites

Any links from this Site or any Newsletter to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site, any website linked from any Newsletter, or any website linking to this Site, or the Content on any of the foregoing. We do not review or monitor such links. A link from this Site or a Newsletter to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its Content, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.

Promotional Offers

All promotional offers available at themailpress.com, including those advertised through email promotions, on-site messaging, social media and any external means of promotion, are valid for new Subscriptions only. You must not have been subscribed to a Newsletter in the past thirty (30) days to register for a new Subscription offer relating to that Newsletter.

TERMINATION

The Agreement and/or your Account on the Site may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination of the Agreement and/or your Account for any reason: (1) all rights and Subscriptions granted to you under these Terms will terminate; (2) you will immediately cease all use of and access to the Site, including your Account, and any Content or Newsletters you obtained prior to termination; and (3) we may, in our sole discretion, delete your Account at any time. If we terminate the Agreement or your Account due to your breach, you may not establish another Account on the Site for one (1) year following such termination. Any provisions of these Terms that by their nature extend beyond expiration or termination will remain in effect until fulfilled.

Without limiting our right to terminate the Agreement or your Account, we may also suspend your access to your Account, the Site (including any Content), and your Subscriptions, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct that we deem to be inappropriate or detrimental to us, the Site, or any other user.

Without limiting your right to terminate the Agreement or your Account, you may cancel or unsubscribe from any or all Subscriptions at any time through your Account or the unsubscribe instructions provided in the applicable Newsletter(s). When you cancel or unsubscribe from a Newsletter, your Subscription will remain in effect through the end of the Subscription term. You hereby consent to continue receiving your Newsletter in accordance with your previously selected plan until the end of the applicable Subscription term. Following the end of the Subscription term, however, your cancelled Subscription will not renew.

EXCLUSION OF WARRANTY

USE OF OR RELIANCE UPON ANY CONTENT OR NEWSLETTER IS AT YOUR OWN RISK. THE CONTENT AND NEWSLETTERS ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, OR THE NEWSLETTERS PROVIDED THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CONTENT AVAILABLE ON THE SITE OR IN NEWSLETTERS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT AVAILABLE ON THE SITE OR IN NEWSLETTERS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF OR RELIANCE UPON THE SITE OR ANY CONTENT OR NEWSLETTER. WE MAKE NO WARRANTIES THAT YOUR USE OF THE SITE, OR ANY CONTENT OR NEWSLETTER WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LEE’S LIABILITY UNDER THESE TERMS OR THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE LAST SUBSCRIPTION PERIOD FOR THE SUBSCRIPTION IN CONNECTION WITH WHICH THE LIABILITY AROSE.

INDEMNITY

You agree to indemnify and hold us, our licensors, content providers, service providers, employees, agents, officers, members, managers, directors, and contractors (the "Indemnified Parties") harmless from any and all losses, liabilities, damages, judgments, awards, costs and expenses (including the Indemnified Parties’ attorneys' fees) arising out of or relating to: (1) your breach of this Agreement, including any use of the Site or any Content or Newsletter other than as expressly authorized in these Terms and (2) your use of the Content or Newsletters accessed from or through Site.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others and we prohibit any Content or Newsletters offered on or through the Site from including any materials, Content, or data that violate another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we promptly remove, disable access to, or cease providing the allegedly infringing Content or Newsletter in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright that you own has been posted on our Site or distributed in a Newsletter available through our Site, without your authorization, you may send a written notification to our Designated Agent at:

Copyright Agent

Lee Enterprises, Incorporated

4600 E 53rd St.
Davenport, IA 52807

copyright@lee.net

Facsimile: 563-327-2692

In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of ceasing the provision of, in appropriate circumstances and at our sole discretion, Newsletters that are deemed to repeatedly infringe third party copyrights. We may also at our sole discretion cease providing any Newsletter that infringes any intellectual property rights of others, whether or not there is any repeat infringement.

NOTICES

Unless otherwise specified in these Terms, any notices required or allowed under the Agreement will be provided to us by postal mail to Lee Enterprises, Incorporated 4600 E 53rd St. Davenport, IA 52807 or via email to legal@themailpress.com. We may provide you with any notices required or allowed under these Terms by sending you an email to any email address you provide to us in connection with your Account, provided that in the case of any notice applicable both to you and other users of the Site, we may instead provide such notice by posting on the Site. Notices provided to us will be deemed given when we actually receive them. Notice provided to you will be deemed given 24 hours after posting to Site or sending via e-mail, unless (as to e-mail) we are notified that your e-mail address is invalid.

DISPUTES

You and Lee agree that any dispute that has arisen or may arise between us relating in any way to: your use of or access to the Site, Content, or any Newsletter; any validity, interpretation, breach, enforcement, or termination of this Agreement; or otherwise relating to Lee in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth below.

Applicable Law

You and we agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Iowa, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of your residence or the location of where you use the Site, Content, or Newsletters.

OUR ARBITRATION AGREEMENT

You and we agree that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitration will be conducted in the English language at a site specified by us in Davenport, Iowa. You and we agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is are void or voidable or a particular claim is subject to arbitration. You and we agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Exceptions to the Agreement to Arbitrate Disputes

There are only two exceptions to this agreement to arbitrate: First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision of these Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and us. If you do not agree to these amended terms, you may cease all use of the Site, Content and Newsletters within 30 days of the posting or notification, we will provide you a prorated refund of any subscription fees you have paid for the period following such termination, and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes

Unless you and we agree otherwise and except as described above, regarding small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Lee must be resolved exclusively by a state or federal court located in Davenport, Iowa. You and we agree to submit to the exclusive personal jurisdiction of the courts located within Davenport, Iowa for the purpose of litigating all such claims or disputes.

YOU MAY OPT-OUT OF ARBITRATION

IF YOU ARE A USER OF THE SITE, CONTENT OR NEWSLETTERS, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@THEMAILPRESS.COM (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS AND ENTER INTO THE AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER, YOU HAVE UNTIL 30 DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), email address(es) associated with your Account(s) to which the opt-out applies, to: arbitrationoptout@themailpress.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

YOU WAIVE CERTAIN RIGHTS

BY AGREEING TO THESE TERMS AND ENTERING INTO THE AGREEMENT WITH US, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO (1) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT OR IN CONNECTION WITH INTERIM RELIEF IN CONNECTION WITH AN INFRINGEMENT CLAIM, AS PROVIDED ABOVE), (2) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (3) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THESE TERMS.

STATUTE OF LIMITATIONS FOR YOUR CLAIMS

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, CONTENT OR NEWSLETTERS, OR THIS AGREEMENT, MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

MISCELLANEOUS

In the event any provision in these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. You may not assign or transfer (in whole or in part and including by sale, merger, consolidation, or other operation of law) any of your rights or obligations under this Agreement without Lee’s prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these this Agreement to any party that assumes our obligations hereunder.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section and subheading titles are for convenience only and have no legal or contractual effect. In interpreting and construing this Agreement, "including," "include," "includes" and variations thereof will be construed as if followed by the phrase "without limitation.”