These Terms govern the relationship between you and CSPI with respect to your use of the Services. You agree that the agreement formed by these Terms is like any written agreement signed by you, and you agree to be bound by, and fully comply with its terms. You represent and warrant that you have all necessary rights, power, and authority to enter into these Terms and to perform and otherwise discharge all of your obligations hereunder.
We reserve the right at any time to change: (i) the terms and conditions of these Terms; (ii) this Website and/or the Services, including terminating, eliminating, supplementing, modifying, adding, changing the frequency and/or medium for, and/or discontinuing any content or feature or data or service on or available through this Website and/or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website and/or the Services; and (iv) the equipment, hardware, or software required to use and access this Website and/or the Services.
Any changes we make to these Terms will be effective immediately upon posting on this Website.
When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Services; and (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
We may terminate or suspend your access to the Services, delete your Account (as defined in Section 5 below) and any content or information, or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Services. We reserve the right to suspend or terminate your account without warning or without cause. In the event of termination, you will still be bound by your obligations under these Terms.
If you wish to cancel your CSPI membership providing for a Nutrition Action subscription, please follow the instructions in Section 16 below.
If you wish to stop receiving mail from us, please contact customer service at 1-866-293-2774or firstname.lastname@example.org.
If you wish to stop receiving emails from us or to update your email communication preferences, please click the “unsubscribe” link on the bottom of a CSPI email.
4. Mobile Devices and Mobile Applications
If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply.
You may opt in to receive SMS text messages on your mobile device. Data received in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to CSPI as part of these Services. We may use this information to contact you and provide those Services you request.
CSPI will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. Because you are responsible for any mobile-related message or data charges, please contact your mobile service provider for pricing and participation details.
You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
5. Services and Your Account
In order to access and use certain Services available on this Website, you may need to sign up for, open, and maintain one or more accounts (collectively, your “Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Service. If you do not agree to these Terms of Service, you may not sign up for an Account and you shall not have the right to use such Services.
You represent and warrant that at all times you will: (i) provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and promptly update your information (including your email address) to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we shall have the right to suspend or terminate your Account and any or all privileges of our Services and to refuse any and all current or future use of our Services.
6. Use of Information and Materials (“Usage Rules”)
The information and materials contained in the Services, and these Terms, policies, and descriptions of the Services, are subject to change. You accept sole responsibility for all of your activities using the Services. Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services and systems, including but not limited to unauthorized entry into our systems or misuse of any information posted on the Services, is strictly prohibited. You may not use the Services in a manner that:
7. User Content
You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Services. By submitting User Content to the Services, you automatically grant CSPI the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.
User Content uploaded or otherwise communicated on the Services shall comply with all applicable laws and regulations, which you are responsible for knowing and understanding. You are prohibited from posting or otherwise communicating to us, or any other user of the Services any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Services. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate your Account or otherwise prevent your use and/or participation in Services at any time and for any reason.
You agree that we may access, preserve and disclose your Account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of CSPI or its members, employees, agents, affiliates, residential communities or any other person.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by CSPI or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release CSPI, and its licensees, successors and assigns, from any claims that you could otherwise assert against CSPI by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
8. Use of this Website
If you access this Website from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services, or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into these Terms of Service or use this Website or the Services. By using this Website, you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.
If you are residing in a jurisdiction that restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Service based on age and you are under such age limit, you may not enter into these Terms of Service or use this Website or the Services.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation in violation of any criminal law, intellectual property law, privacy law, or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
We reserve the right to suspend or terminate your Account without warning with or without cause.
9. Intellectual Property Infringement
CSPI respects the intellectual property rights of others, and we ask you to do the same. CSPI may, in appropriate circumstances and at our discretion, terminate our Services and/or access to this Site to users who infringe the intellectual property rights of CSPI or others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site and/or in the Services, please provide CSPI’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online location are covered by a single notification, a representative list of such works at that location;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit CSPI to locate the material;
- Information reasonably sufficient to permit CSPI to contact you as the complaining party, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CSPI’s agents for notice of claims of copyright or trademark infringement are Lisa Mankofsky, who can be reached at Lmankofsky@cspinet.org and Matt Simon, who can be reached at Msimon@cspinet.org. Please also send such notice to Lisa Mankofsky and Matt Simon at CSPI, 1250 I Street, NW, Suite 500, Washington, DC 20005.
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CSPI may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We make no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices and passwords. We are not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Services by using the contact information in the “Contact Us” section below.
11. Links to Other Websites and Services
The Services may contain links to outside services and resources, the availability and content of which we do not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites.
We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.
12. Intellectual Property
The Services, the content, any materials or information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by CSPI or third parties; all rights, title, and interest will remain the property of CSPI and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with us. You may not tokenize copies of the pages of the Services or any other content on the Services. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with CSPI.
The views and opinions contained in opinion pieces and other works on the Site (“Content”) represent the views and opinions of the authors and do not necessarily represent the views or opinions of CSPI. The appearance of the Content on the Site does not constitute an endorsement by CSPI of the Content.
You will defend, indemnify, and hold CSPI, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Site or Services using your Account. Under no circumstance will CSPI be liable for damages of any kind that result from your use of, or the inability to use, the Services.
14. WAIVER, RELEASE, AND LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES.
NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD) (THE “LIABILITY CAP”). CSPI AND YOU AGREE THAT THE LIABILITY CAP SHALL INCLUDE ALL FORMS OF DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CSPI MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, AND/OR (B) THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CSPI UNDERTAKES NO OBLIGATION TO UPDATE THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY CSPI FROM TIME TO TIME WITHIN THE SERVICES.
WE DO NOT PROVIDE MEDICAL ADVICE. THE CONTENT WE PROVIDE THROUGH THESE SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH, NUTRITION, OR MEDICAL CONDITION(S). IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION PROVIDED THROUGH OUR SERVICES IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
NOTHING IN THE SERVICES SHALL BE CONSTRUED AS LEGAL, FINANCIAL, OR OTHER ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR MAKING ALL DECISIONS TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CODES, OR STANDARDS.
16. Nutrition Action Subscription as a CSPI Membership Benefit
Nutrition Action is published by CSPI and provided as a CSPI membership benefit. To receive a CSPI membership benefit Nutrition Action subscription (“Membership Benefit Subscription”), you must accept an offer that provides for a Membership Benefit Subscription.
Please refer to the applicable offer for a description of our current plans, pricing, and payment options. Any terms and conditions of any offer disclosed to you when ordering are hereby incorporated into the Terms.
To provide you with uninterrupted service, certain Membership Benefit Subscriptions RENEW AUTOMATICALLY at the end of the applicable Membership Benefit Subscription’s term for a one-year term each year at then-current rates. We alert you in the membership offer when a Membership Benefit Subscription is offered on an auto-renewing basis. The automatic renewal and cancellation terms provided in the membership offer are hereby incorporated into the Terms.
If you order a Membership Benefit Subscription that is subject to automatic renewal, approximately six weeks before the end of your subscription term, we will send you a reminder notice by email or by mail with the rate then in effect. You authorize CSPI to charge the payment method on file for your renewal Membership Benefit Subscription at the rate stated on the reminder notice until you cancel, which you can do at any time using the methods described below. If your payment method cannot be charged for any reason, we will bill you directly by mail instead.
If your order for a Membership Benefit Subscription is not subject to automatic renewal, CSPI will send you a renewal notice by email or by mail with an offer to renew your Membership Benefit Subscription at then-current rates. You may also renew your Membership Benefit Subscription by logging in to our customer service portal, which can be accessed at https://service.cspinaction.com.
Cancelation and Refunds
You may cancel your Membership Benefit Subscription or Auto Renewal at any time by calling 1-866-293-CSPI (2774) and speaking with a customer service representative. You can also send an email to email@example.com with the word “CANCEL” in the subject line providing information about your account and the Membership Benefit Subscription or Auto Renewal you wish to cancel.
All Membership Benefit Subscription fees are non-refundable. Notwithstanding the foregoing, CSPI in its sole discretion, may decide to issue refunds or credits for Membership Benefit Subscription fees on a case-by-case basis. The provision of refunds or credits in one instance does not entitle you to refunds or credits in the future for similar instances, nor does it obligate CSPI to provide refunds or credits in the future, under any circumstance.
To inquire about a refund, you may call 1-866-293-2774 and speak with a customer service representative. You can also send an email with the word “REFUND” in the subject line providing information about your account and the Membership Benefit Subscription you would like to cancel and be refunded for, to firstname.lastname@example.org.
Nutrition ActionContent and Frequency
CSPI currently publishes six issues of Nutrition Action annually. CSPI reserves the right to modify the frequency, content, availability, and media (e.g., hard copy or digital) of Nutrition Action publications at any time without notice. Some issues can count as double issues, at CSPI’s discretion.
Your Obligation to Provide Complete and Accurate Information
You agree to provide accurate and complete information when prompted to do so by any registration form and to maintain and update such information, including contact and credit card information, so it remains accurate and complete.
You agree that we may, but are not required to, use the email address you have provided to send you notices concerning your Membership Benefit Subscription and your use thereof. If your email address changes, you are solely responsible for updating your Account information.
CSPI may be required to collect Sales Tax for purchases of a Membership Benefit Subscription made in certain states or countries. Sales in those jurisdictions are accepted with the understanding that such taxes and charges shall be added, as required by law, at the sole discretion of CSPI. Even in jurisdictions where sales tax is required, CSPI will not collect tax amounts if we have received a valid sales tax certificate indicating a tax exemption is warranted. Prices shown do not include any federal, state, district, city or local taxes, or any other taxes or charges imposed by any government authority. In states where CSPI is not required to collect and pay Sales Tax, the purchaser is obligated to self-report and pay the Sales and/or Use Tax to the purchaser’s appropriate state and/or local Department of Revenue.
17. Other CSPI Products or Services
For products or services sold by CSPI other than Membership Benefit Subscriptions (“Other CSPI Products or Services”), please refer to the applicable offer for a description of the product, terms, pricing, and payment options. Any terms and conditions of any offer disclosed to you when ordering are hereby incorporated into the Terms.
Payments for Other CSPI Products or Services are non-refundable. Notwithstanding the foregoing, CSPI in its sole discretion, may decide to issue refunds or credits for Other CSPI Products or Services on a case-by-case basis. The provision of refunds or credits in one instance does not entitle you to refunds or credits in the future for similar instances, nor does it obligate CSPI to provide refunds or credits in the future, under any circumstance. To inquire about a refund, you may call 1-866-293-2774 and speak with a customer service representative. You can also send an email with the word “REFUND” in the subject line to email@example.com.
Your Obligation to Provide Complete and Accurate Information
You agree to provide accurate and complete information when prompted to do so by any registration form.
You agree that we may, but are not required to, use the email address you have provided to send you notices concerning Other CSPI Products or Services.
CSPI may be required to collect Sales Tax for purchases of Other CSPI Products or Services made in certain states or countries. Sales are accepted with the understanding that such taxes and charges shall be added, as required by law, at the sole discretion of CSPI. CSPI will not collect tax amounts if we have received a valid sales tax certificate indicating a tax exemption is warranted. Except as otherwise noted, prices shown do not include any federal, state, district, city or local taxes, or any other taxes or charges imposed by any government authority. In states where CSPI is not required to collect and pay Sales Tax, the purchaser is obligated to self-report and pay the Sales and/or Use Tax to the purchaser’s appropriate state and/or local Department of Revenue.
18. Changes to Terms and/or Policies
You are responsible for reviewing these Terms regularly. CSPI reserves the right, at any time, without notice to you, and in its sole discretion, to modify, change the frequency of, content of, availability of, media used to provide, and/or discontinue the Services, these Terms, or any CSPI policies related to use of the Services. Revisions to these Terms or our policies may be provided through the Terms or the Services, including by posting the revisions on the Site and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Site. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or other CSPI policies will constitute your acceptance of such modifications and revisions.
19. System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Services or communicating with CSPI through the internet, or other electronic wireless services, as a result of high internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, ours, or an internet service provider’s, can experience unanticipated outages or slowdowns or have capacity limitations. CSPI is not responsible for failure or delay of performance caused by such problems.
20. Severability/No Waiver
If any provision of these Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Our failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.
21. Arbitration Provision and Class-Action Waiver
THESE ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS AFFECT YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE.
Agreement to Arbitrate. Except as otherwise explicitly provided in this binding Arbitration Provision, CSPI, together with its parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns, and any of these entities’ employees, officers, directors, and agents and their successors, assigns, affiliates, and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present, or future dispute or claim (“Dispute” (as defined in the following paragraph)) arising from or relating in any way to (i) the use of the Services, (ii) these Terms of Service, or (iii) the relationship between you and any Transaction Party in connection with any of the foregoing that cannot be resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. The election of arbitration by the Transaction Parties or you is binding on all Parties. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with the use of the Services or any of the foregoing on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in the same proceeding or a related proceeding.)
“Dispute” Defined. Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, constitution, ordinance, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of the Services, including, but not limited to, any dispute or claim arising before the date you accessed the Website or Services or agreed to these Terms of Service and any dispute or claim relating to (by way of example and not limitation): (i) the use, denial, or termination of the Services and/or the events leading up thereto; (ii) any disclosure, advertisement, application, solicitation, promotion, or oral or written statement, warranty, or representation made by or on behalf of a Transaction Party; (iii) any product or service provided by or through a Transaction Party or third parties in connection with the use of the Services or the relationship between you and a Transaction Party and any associated fees; (iv) a Transaction Party’s use or failure to protect any personal information you give a Transaction Party in connection with the use of the Services or your relationship with the Transaction Party; (v) enforcement of any and all of the obligations a party may have to another party in connection with the use of the Services or agreement governing the same; and/or (vi) compliance with applicable laws and/or regulations.
Miscellaneous; Conflicts. Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules, with these Terms of Service, or your agreements governing the use of the Services, or with an arbitration provision in any agreement with a Transaction Party, this Arbitration Provision shall govern.
Exceptions to “Dispute.” Notwithstanding any of the foregoing: (i) disputes or controversies about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms of Service or your agreements governing the use of the Services or with Transaction Parties as a whole are for an arbitrator and not a court to decide; (ii) any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights, will not be subject to binding arbitration under this Arbitration Provision; and (iii) any party may proceed with their individual claims in small claims court (or an equivalent court) if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s (or the equivalent court’s) jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. Moreover, this Arbitration Provision will not apply to any Dispute that was already pending in court before this Arbitration Provision took effect.
Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of these Terms of Service and any agreement governing the use of the Services. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final, subject to any appeal rights under the FAA, and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Arbitration Procedures. Either you or a Transaction Party can initiate arbitration through the AAA or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot serve and the parties cannot agree on a substitute, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and the procedures specified in this Arbitration Provision. Any arbitrator must be an attorney with ten or more years of experience practicing law or a retired judge. Any arbitration will be governed by the then-current AAA Consumer Rules, and its Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, 1-800-778-7879, www.adr.org. The Document Submission Procedures are included in the Consumer Rules. The parties shall pay filing, administrative, and arbitrator fees in accordance with the Consumer Rules. If you cannot afford to pay your share of the fees and cannot obtain a waiver from the AAA, you can make a written good faith request for a Transaction Party to pay or advance such fees. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law, these Terms of Service, or an applicable agreement gives a party the right to recover such expenses from the other party. If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The arbitration will be conducted by a single arbitrator solely based on written submissions and will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. If an in-person hearing is necessary, it will be held in the federal judicial district in which you reside or at another location that is reasonably convenient to all parties.
CLASS-ACTION WAIVER. You and the Transaction Parties each agree that if arbitration of a Dispute is elected, the Dispute will be resolved in arbitration (not in court) only on an individual basis and not as a class, collective, or other representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other unless all parties otherwise agree in writing; (b) there is no right or authority for any Dispute to be arbitrated on a class-action, collective action, or private attorney general basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.
Survival; Severance. This Arbitration Provision shall survive termination of the Services or these Terms of Service or of any agreement into which you enter with a Transaction Party; and, further, you understand and agree that this Arbitration Provision applies not only to these Terms of Service but also to any subsequent agreement (including without limitation any agreement governing the use of the Website or Services) into which you enter with a Transaction Party. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that: (a) if the Class-Action Waiver is limited, voided, or found unenforceable with respect to a Dispute that does not seek public injunctive relief and that determination becomes final after all appeals have been exhausted, then this Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (b) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class-Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim and that determination becomes final after all appeals have been exhausted, the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been filed in court. In no event will a claim for public injunctive relief be arbitrated.
RIGHT TO OPT OUT: If you do not want this Arbitration Provision (including the Class-Action Waiver) to apply, you must send us a signed notice within thirty (30) calendar days of the date on which you first access or use our Website, subscribe to Nutrition Action, or interact with the Services and thereby agree to be bound by these Terms. You must send the notice in writing (and not electronically) to 1250 I Street NW, Suite 500, Washington, DC 20005. You must provide your name, address, telephone number, and state that you “opt out” of the Arbitration Provision. Opting out will not affect the other provisions of these Terms of Service or any other agreement governing the Services or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision in these Terms of Service and any other agreement governing a Service or with a Transaction Party. Please note that if you enter into an agreement with a Transaction Party that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Provision is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
Anything not covered by the Arbitration Provision shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to provisions relating to conflicts of law), except as to copyright and trademark matters, which are covered by U.S. federal laws. You agree that any legal action or proceeding between CSPI and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the United States District Court for the Eastern District of Virginia, or, if there is not subject matter jurisdiction, in the courts of the Commonwealth of Virginia, and you agree to submit to the jurisdiction of these courts. You waive any venue, personal jurisdiction, and inconvenient forum objections or defenses to such courts.
23. Contact Us
If you have any questions regarding the Services or these Terms, please feel free to send us an email at firstname.lastname@example.org.