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GENERALLY

This website ("Site") is owned by Lee Publications, Inc. ("we," "us," "our"). If we change, adjust, or modify these Terms of Use we will notify all registered users by email or otherwise.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE, AND YOU MUST NOT ACCESS OR USE THE SITE.

THE DISPUTE RESOLUTION SECTION OF THESE TERMS OF USE CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US 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. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION 24 FOR MORE INFORMATION REGARDING THE ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THE ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Definitions

Words and phrases used in these Terms of Use have the definitions given to them in these Terms of Use or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.

Term

These Terms of Use are entered into as of the date you first access or use the Site (the “Effective Date”) and will continue until terminated as set forth herein.

Registration

Access to some of the content, services, and features on this Site requires users to register accounts. Each registered account is for a single user only and registration may require you to provide certain personal information, such as your name, email address, street address, gender, and date of birth. You must be at least 13 years old to register. Our use of personal information is governed by the terms of our Privacy Policy. You represent and warrant that the information you have provided to register an account is true, accurate, current, and complete and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this Site to any person who violates these Terms of Use.

Passwords

You are responsible for maintaining the confidentiality of any usernames or passwords for your account to access to this 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 user account or password. You agree to notify us immediately of any unauthorized use of your password or username, 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 your account’s username or password at any time and for any reason.

Security

You are prohibited from trying to compromise security or tamper with system resources and/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. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.

Law Enforcement

We reserve the right to 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 of Use or any other federal, state, or local law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS (1) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR AS A RESULT OF, AN INVESTIGATION AND/OR (2) FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

USE OF THIS SITE

Access

Subject to your agreement and compliance with these Terms of Use, we will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms of Use and any other written agreement to which you agree before being given access to any specific part of the Site. Any such additional agreement is in addition to these Terms of Use. In the event of a conflict between these Terms of Use and such additional agreement, such additional agreement controls.

Our Intellectual Property

This Site and the content on the Site that we provide (“Our Content”) is owned by us and third party providers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. This Site and Our Content may not be copied, reproduced, republished, uploaded, posted, sold, leased, licensed, sublicensed, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of Our Content on a single computer for your personal, non-commercial use only. You are solely responsible for verifying the accuracy, completeness, and applicability of Our Content and for your use thereof. Except as set forth in these Term of Use, you are granted no licenses or rights in or to any of Our Content, or any intellectual property rights therein or related thereto. "Deep-linking," "embedding," or using analogous technology with respect to Our Content or other content is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or Our Content or other content on 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 Our Content or other content on the Site. The use of Our Content or other content on the Site on any other website or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site, provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of Our Content or other content on the Site or incorporate into another website or other service any of our intellectual property.

Submissions

"Submissions" means all (1) comments, feedback, suggestions, email, and similar information or materials you submit to us including comments to blogs, stories, and community forums, letters to the editor, manuscripts, articles, photographs, videos, artwork, or any other materials; (2) and any content, including photographs, videos, artwork, and comments, that you post to our social media properties (e.g., our Facebook page) or that you tag us in by using our social media handles (e.g., our Twitter or Instagram handle). With respect to each Submission, you represent and agree that:

  • You are the author of the Submission or that you are making the Submission with the express permission of the author/owner;
  • The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other intellectual property right that exists in favor of any other person or entity;
  • You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, repost, and/or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed;
  • You automatically waive any claim that any use of such Submission violates any of your rights, including privacy rights, publicity rights, moral rights, or any other right, including the right to approve the way we use such Submission;
  • You are responsible for the content of such Submission and acknowledge that third parties may hold you responsible for content related claims;
  • You shall indemnify, defend, and hold harmless us, our parent company and our affiliated entities (including our officers, directors, owners, agents, and employees) from all liability and costs incurred in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to such Submission; and
  • We have the right to disclose any information related to such Submission that we believe necessary to comply with any law, regulation, or governmental request and provide information related to such Submission that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.

Online Conduct

We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the messages or postings that are sent to the Site but we, or third parties acting on our behalf, may monitor online conduct to enforce these Terms of Use. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any messages or postings sent to the Site, including Submissions. Any action by a user that infringes on another user's right to use and enjoy this Site is prohibited. We reserve the right to suspend or terminate your access to and use of this Site if, in our view, Submissions fail to meet any of our guidelines. You agree that under no circumstances will we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling, or restricting access to or the availability of Submissions or other content. It is a condition of your use of the Site that you do not:

  • Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;
  • Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property;
  • Use the Site to upload, post, email, transmit, or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights of any party;
  • Use the Site to upload, post, email, transmit, or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically, or otherwise objectionable;
  • Post any information that is false, misleading, or inaccurate or attempt to interfere with any other person's use of the Site;
  • Access or attempt to access the Site except as expressly permitted in these Terms of Use;
  • Use the Site in any manner that could damage, disable, overburden, or impair the Site;
  • Use automated scripts to collect information from, or otherwise interact with, the Site;
  • Monitor the availability, performance, or functionality of the Site;
  • Interfere with the operation or hosting of the Site;
  • Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting "pyramid" schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;
  • Hold yourself out as sponsored by, endorsed by, or affiliated with, us;
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site; or,
  • Post hyperlinks to other sites containing content prohibited by the Terms of Use.

To report a complaint, please use the Report Abuse button next to the content you wish to report.

Online Commerce

Some areas of our Site may allow you to purchase items or services from us or from third parties. We are not responsible for any interactions between you and third parties or for the timeliness, accuracy, or quality of items purchased from them. You should review the practices and policies prior to purchasing items from third parties as their practices and policies may differ from ours. When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing. You are financially responsible for all purchases made by you or someone using your account.

Gaming Disclosure

Our Site is not owned by, or affiliated with, any sportsbook, online casino, or daily fantasy sports site. It is wholly owned by Lee Publications, Inc..

However, our Site does draw financial support from advertising relationships with various third-party regulated gaming and gambling websites. In some cases, we may receive a commission or other financial compensation on a cost-per-acquisition fixed rate when you visit a gambling website via a link, contained in sponsored content or otherwise, on our Site and make a purchase.

The editorial independence of the news that you consume through the Site is important to us. Our financial relationship with advertisers does not influence the news on our Site.

Sponsored content on our Site may have been created, in whole or in part, by our advertising partners. Our news and editorial departments have no role in the creation or display of sponsored content from our advertising partners.

Fair Housing Act

In accordance with the federal Fair Housing Act, we do not accept for publication any real estate listing that indicates any preference, limitation, or discrimination based on race, ethnicity, color, religion, sex, sexual orientation, gender identity, disability, family status, or national origin. The federal Fair Housing Act prohibits real estate advertisements that indicate any preference, limitation, or discrimination because of race, ethnicity, color, religion, sex, sexual orientation, gender identity, disability, familial status, or national origin.

If you believe a real estate advertisement on this website states such a preference, limitation, or discrimination, please contact us. For further information on the Fair Housing Act, see https://portal.hud.gov/.

Third-Party Services

We may provide you with the ability to access services developed, provided, or maintained by third-party service providers through the Site (“Third-Party Services”). Third-Party Services may integrate with, pull content from, or add content to the Site. In addition to these Terms of Use, your access to and use of any Third-Party Services is also subject to any other agreement you may agree to before being given access to the Third-Party Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to these Terms of Use, but will not apply to any other services you may access.

Links to Other Sites

Any links from this Site 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 (or any website linking to this Site). We do not review or monitor such links. A link from this Site 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 contents, 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.

PRICING

The nwitimes.com is a Lee Enterprises Newspaper and is published daily. USPS: 46321. Postmaster send address changes to 601 W. 45th Ave., Munster, IN, 46321. Periodical postage paid at Munster.

The subscription price includes all applicable sales tax and a charge for the convenience of having the paper delivered. To avoid delivery charges, call 800-589-3331 to arrange pickup of your paper at a local office. A nonrefundable account setup fee will be charged to qualifying new starts. We reserve the right to change your subscription rate at any time. Contact at 800-589-3331 or email support@leetemplates.com for additional information.

Subscription Offers

All subscription offers available at www.nwitimes.com, including those advertised through our email promotions, on-site messaging, social media, and any external means of promotion, are valid for new subscribers only. You must not have been a subscriber in the past thirty (30) days to register for a new subscription offer. You understand that delivery and billing will continue beyond the initial order period unless you cancel your subscription as detailed in the next paragraph. Rates may change after introductory offer period. There is a non-refundable one-time account set up fee of $6.99 for all new subscribers.

Auto-Renewal, Cancellation, Refund, and Subscription Renewal Policy

If you register for EZ Pay or debit banking (ACH) payments, your Digital Only or Print + Digital subscription service (your “Subscription”) will automatically renew. On the last day of your current term (your "Renewal Date"), your Subscription will automatically renew for the same length of time, at the then-current Subscription rate, which we may change in our discretion, unless you choose to cancel more than twenty-one (21) days before your Renewal Date (your "Cancellation Date"). YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING US WITH THE SUBJECT LINE “CANCEL” AT support@leetemplates.com OR CALLING US AT 800-589-3331.

Prior to the Cancellation Date, we will send you a notice reminding you about the renewal of your Subscription. Subscribers who prefer to receive paper renewal notices in the mail will be charged $4.99 for each renewal notice; this fee is waived for subscribers who sign up to receive their renewal notices via email. If you wish to receive renewal notices via email, please contact us at support@leetemplates.com or call 800-589-3331.

IF YOU DO NOT AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION BEFORE YOUR CANCELLATION DATE, YOU WILL BE CHARGED FOR AN ADDITIONAL TERM FOR THE SUBSCRIPTION YOU INITIALLY SELECTED AT THE RATES IN EFFECT AT THE TIME OF RENEWAL.

If you have provided us with a valid credit card number or an alternate payment method saved in your account, and you have not cancelled by your Cancellation Date, your Subscription will be automatically processed up to fourteen (14) days in advance of your Renewal Date, and the payment method you provided to us at or after the time of your initial Subscription purchase will be charged.

We reserve the right to change your Subscription rate at the next renewal period. If you are not satisfied with your Subscription rate or service, you may cancel your Subscription at any time. No refunds will be returned if remainder of the Subscription term is under thirty (30) days. The refund amount of any balance over $25.00 will be returned minus an early termination fee of $25.00. No refunds for Digital Only subscriptions are provided.

Subscriptions

Print subscribers get the benefit of newspaper home delivery and digital access. Therefore, if you register for a subscription plan, you are subject to the Auto-Renewal, Cancellation, Refund and Paper Renewal Policy described above, as well as the additional terms and conditions set forth below.

All Subscriptions include unlimited digital access, but there may be links to content on other websites owned by our parent company that can be accessed only through an additional paywall. In such cases, your Subscription to content behind a separate paywall will be governed by any additional terms that are associated therewith. To access these benefits, you must first provide your email address, register with nwitimes.com/services, and activate your account online. To activate your digital account visit nwitimes.com/activate.

You can manage your account at nwitimes.com/services

Vacation Policy

Vacation holds up to thirty (30) days will continue to bill at regular rate while full digital access is maintained, and you may request a vacation pack (print copies of the newspapers held and delivered upon return) of up to thirty (30) days. Extended vacations of thirty-one (31) days or more will not incur charges and all Subscription benefits will be suspended during that time.

TERMINATION AND SUSPENSION

These Terms of Use 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 of Use. Upon termination of these Terms for any reason: (1) all rights granted to you under these Terms of Use will terminate; (2) you will immediately cease all use of and access to the Site; and (3) we may, in our sole discretion, delete your account at any time and/or block your access to the Site. Provisions which by their inherent meanings are to survive the termination of these Terms of Use will so survive.

Without limiting our right to terminate these Terms of Use, we may also suspend your access to the Site, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms of Use or applicable law or upon any other conduct deemed by us to be inappropriate or detrimental to us, the Site, or any other user or third party.

YOUR WARRANTIES

You hereby represent and warrant to us that: (a) you have the legal right and authority to enter into these Terms of Use; (b) these Terms of Use form a binding legal obligation on your behalf; (c) you have the legal right and authority to perform your obligations under these Terms of Use and to grant the rights and licenses described in these Terms of Use; and (d) your access to, and use of, the Site, will comply with all applicable laws, rules, regulations, and third-party rights and will not cause us to violate any applicable laws, rules, regulations, or third-party rights.

EXCLUSION OF WARRANTY

USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, OTHER WEBSITES, AND THIRD-PARTY SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES, OR THE SERVERS THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THIS SITE 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 THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES, OR THEIR RESPECTIVE CONTENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SAME.

LIMITATION OF LIABILITY

WE, AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO 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 OUR COLLECTIVE LIABILITY, INCLUDING THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You agree to defend and hold harmless us, our licensors, content providers, service providers, employees, agents, officers, members, managers, directors, contractors, successors, and assigns (the "Indemnified Parties") from and against (a) any breach of these Terms of Use by you or (b) your use of any material, content, or data other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from any and all resulting losses, liabilities, damages, judgments, awards, settlements, penalties, fines, costs, and expenses (including without limitation attorneys' fees of the Indemnified Parties) in connection therewith.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others, and we prohibit users from posting to or through the Site or services any materials, content, or data that violates 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 or disable access to the allegedly infringing material and terminate the accounts of repeat infringers 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 without 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 terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

DISPUTE RESOLUTION

You and we 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, any validity, interpretation, breach, enforcement, or termination of these Terms of Use, or otherwise relating to us in any way (collectively, “Covered Dispute Matters”), will be resolved in accordance with the provisions set forth in this Section.

If you have any dispute with us, you and we agree that before taking any formal action, you will contact us at Complaints@Lee.Net and provide a brief, written description of the dispute and your contact information (including your email address associated with your account, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.

You and we agree that these Terms of Use and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies and it governs the interpretation and enforcement of the arbitration rules and arbitration proceedings.

If you and we are unable to reach an amicable resolution within the sixty (60) day period referenced above, any and all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Rules then in effect (“Rules”). You and we agree the arbitration will be conducted by a single arbitrator and 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 these Terms of Use, including any claim that all or any part of this arbitration agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator will apply the governing law set forth in these Terms of Use to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms of Use or grant any relief not permitted herein or beyond the relief permitted herein. For matters where the relief sought is over $5,000, 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. The arbitration shall take place in Davenport, Iowa; however desk, phone, or video conference proceedings may be utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator fees and other costs of arbitration will be governed by the AAA’s Rules, unless otherwise stated in this agreement to arbitrate. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

There are only two exceptions to this agreement to arbitrate: (a) 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. (b) 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.

Notwithstanding any provision in these Terms of Use 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 Covered Dispute Matters governed by the agreement to arbitrate that have arisen or may arise between you and us. If you do not agree to the amended agreement to arbitrate, you must close your account within thirty (30) days of the posting or notification and you will not be bound by the amended agreement to arbitrate.

Unless you and we agree otherwise and except for claims in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, 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 us must be resolved exclusively by a state or federal court presiding over Davenport, Iowa. You and we agree to submit to the exclusive personal jurisdiction and venue of the courts presiding over within Davenport, Iowa for the purpose of litigating all such claims or disputes.

YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE (“OPT-OUT NOTICE”) AT leearbitration@lee.net. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF USE. In order to opt-out, you must email your full name, address (including street address, city, state, and zip code), email address, and an unaltered digital image of your valid driver’s license to: leearbitration@lee.net. 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 of Use 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.

BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A CLASS 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, EVEN IF ARBITRATION IS NOT REQUIRED HEREUNDER, AND (iii) TO A TRIAL BY JURY.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

NOTICES

Unless otherwise specified in these Terms of Use, any notices required or allowed under these Terms of Use will be provided to us by postal mail to the address for us listed on the Site. We may provide you with any notices required or allowed under these Terms of Use by sending you an email to any email address that you provide to us in connection with your account, provided that in the case of any notice applicable both to you and other users, we may instead provide such notice by posting it on the Site. Notices provided to us will be deemed given when we actually receive them. Notices provided to you will be deemed given 24 hours after posting to the Site or sending via email, unless (as to email) we are notified that the email address is invalid.

MISCELLANEOUS

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and us. Notwithstanding the foregoing, additional terms and conditions may apply to the purchase of goods and services of third parties to whom you are provided access through this Site. Your use of this Site is independent and you shall not be construed as an employee, agent or partner of, or joint venturer with us for any purpose.

These Terms of Use and its performance shall be governed exclusively by the laws of the State of Iowa, without regard to its conflict of laws provisions. In the event any provision in this agreement 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. Notwithstanding any of the foregoing, nothing in the Terms of Use preempts or serves to preempt the Privacy Policy.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to exercise or enforce any right or provision of this Agreement 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.

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