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Terms and Conditions

The Vegas Post Terms & Conditions

By accessing the website at https://thevegaspost.com/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

As a preliminary matter, we wanted to highlight a topic that you will read more about later.  At The Vegas Post, we expect that our world-class customer service team, which can be contacted through the email address, infor@thevegaspost.com, will be able to resolve any issues you may have as you enjoy our services. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU.  PLEASE SEE SECTIONS 11 AND 13 TO LEARN MORE.

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS

The Vegas Post LLC (“The Vegas Post,” “we,” or “us”) provides online news, business listings and advertising services which gives users the opportunity to select from various offerings.

Use of the Services (including access to listing and content contribution services) is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at thevegaspost.com/privacy (“Privacy Policy”) and any end user license agreement that might accompany the applicable Service. Therefore, by accessing or using any of the Services through any Access Point (including by visiting The Vegas Post Site, you accept and agree to these Terms.

Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points.

2. CHANGES TO THESE TERMS

We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on thevegaspost.com/terms. If we make a material change to these Terms, we will notify you by posting a notice on The Vegas Post site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.

3. ACCESS AND USE OF THE SERVICES

3.1 Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with The Vegas Post or provide your personal information to us. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with us only if you have the consent of your parent or guardian, including consent to these Terms on your behalf, and for clarity, may only modify an account, or associated profiles, with the consent of your parent or guardian.

If The Vegas Post determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

3.2 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to The Vegas Post and that the amount of such harm would be extremely difficult to measure.

3.3 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. The Vegas Post reserves the right to replace or remove any Content and Access Points available to you through the Services, we hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that The Vegas Post may do so in our sole discretion at any time without notice. You also agree that The Vegas Post will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a subscriber and The Vegas Post suspends or discontinues your subscription to the Services, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if The Vegas Post terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

3.4 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by sending an email to info@thevegaspost.com. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative or provides information that is inconsistent with these Terms, please be aware that these Terms will control.

4. Subscriptions and Billing

4.1 Subscriptions. While we may offer Content from time to time for free, we charge a fee to access our business listing and advertising Services. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Pacific Time and ends at 11:59 p.m. Pacific Time of that same calendar day.

4.2 Billing. By providing a credit card or other payment method accepted by The Vegas Post(“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional Services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the The Vegas Post and viewing your account details. When you provide a Payment Method to access a business listing or content contribution subscription, including in connection with any free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the The Vegas Post Site and view your account details.

We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. Where applicable, charges may be prorated for any partial month of service. The interval of time between each recurring payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.

If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

Hulu reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If The Vegas Post changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where The Vegas Post determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at The Vegas Post’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

4.4 Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). In the event that you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel your subscription, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service, referral, or redeemed gift card credits upon cancellation, including if you switch your billing from The Vegas Post to a third party. You can cancel your subscription by logging into your account and following the instructions on your account page on the The Vegas Post Site.

4.5 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

4.6 Free Trials. On occasion, we may be authorized to offer free trials to a particular Service for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. The Vegas Post reserves the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the Vegas Post Site and view your account details.

Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. For existing subscribers who accept a free trial to a Service, at the end of the free trial, you may be charged a prorated amount for the Service to cover the period between the date the free trial ends and your next Billing Period begins.

It is very important to understand that you will not receive a notice from The Vegas Post that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Pacific Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Ongoing Subscription and Cancellation” section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that The Vegas Post will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.

5. ACCOUNTS AND REGISTRATION

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create business listings within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any of our representatives. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email using the contact form via thevegaspost.com/contact if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may find information on how to delete your account by logging in on the Vegas Post Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account. Please see the section “Ongoing Subscription and Cancellation” above for instructions on how to cancel your subscription.

We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if The Vegas Post determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to The Vegas Post servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about The Vegas Post’s policies and practices regarding the collection and use of your information, please read our Privacy Policy available at thevegaspost.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on The Vegas Post Site and use of the Services through any other Access Point or Compatible Device are governed by the Vegas Post Privacy Policy in effect at the time of your use.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

7.1 Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below, as well as additional rules applicable to any Vegas Post Service .

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on The Vegas Post using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant The Vegas Post the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. The Vegas Post will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that The Vegas Post does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to The Vegas Post. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant The Vegas Post a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to The Vegas Post is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to The Vegas Post), fully-paid, royalty-free (meaning that The Vegas Post is not required to pay you for the use of your User Material), and sublicensable (so that The Vegas Post is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.

7.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. The Vegas Post does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of The Vegas Post. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does The Vegas Post assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against The Vegas Post with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing info@TheVegasPost.com (subject line: “Inappropriate User Material”).

8. LINKED DESTINATIONS AND ADVERTISING

8.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that The Vegas Post operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination.

The Vegas Post is not responsible for the content or practices of any website or destination other than The Vegas Post, even if it links to the The Vegas Post Site and even if the website or destination is operated by a company affiliated or otherwise connected with The Vegas Post. By using the Services, you acknowledge and agree that The Vegas Post is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the The Vegas Post Site.

8.2 Third Party Advertisements and Services. The Vegas Post takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that The Vegas Post is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, The Vegas Post is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

9. TRADEMARKS

The Vegas Post, The Vegas Post logo, and other graphics, logos, scripts, and sounds are trademarks of The Vegas Post. None of the The Vegas Post trademarks may be copied, downloaded, or otherwise exploited.

10. UNSOLICITED SUBMISSIONS

It is The Vegas Post policy not to accept unsolicited submissions, including news, story lines, articles, drawings, information, suggestions, ideas, videos or concepts. The Vegas Post’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any The Vegas Post creative work, including a videos, news, stories, titles, or concepts, would be purely coincidental.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE VEGAS POST SITE, THE CONTENT, THE LISTINGS, THE ADVERTISEMENTS, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE VEGAS POST DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL THE VEGAS POST OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PRODUCERS) (COLLECTIVELY, THE “VEGAS POST PARTIES“), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE VEGAS POST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE VP PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). THE VEGAS POST RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify The Vegas Post of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that The Vegas Post receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to The Vegas Post’s copyright agent at brian@morrislawcenter.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

Attention: Copyright Agent

The Vegas Post LLC

7250 S. Durango Drive Suite 130-225

Las Vegas, Nevada 89113

Facsimile: (702-466-3539

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable The Vegas Post to identify and locate the material; (iv) how The Vegas Post can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to info@thevegaspost.com for purposes other than communication about copyright infringement may not be answered.

The Vegas Post has a policy of terminating repeat infringers in appropriate circumstances.

13. ARBITRATION OF CLAIMS

PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.

If you have an issue with the Services, we encourage you to review our frequently asked questions or contact our customer service team through our thevegaspost.com/contact. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible.  We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and The Vegas Post agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: The Vegas Post LLC

7250 S. Durango Drive Suite 130-225, Las Vegas, Nevada 89113- Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for The Vegas Post.

If we do not reach an agreed upon solution after our discussions for at least 30 days, you and The Vegas Post agree that any and all claims that either of us may have arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration before the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1-800-778-7879.  As an exception to this arbitration agreement, The Vegas Post is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.

You and The Vegas Post agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

Rather than force everyone to visit us in Nevada, if you can demonstrate that arbitration in Nevada would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Las Vegas, Nevada.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.  If you initiate the arbitration, The Vegas Post will not reimburse you for your filing fee at any amount. Regardless of who initiates the arbitration, The Vegas Post will not pay any other arbitration fees, including your share of arbitrator compensation.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against The Vegas Post, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it’s fair that The Vegas Post reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in The Vegas Post’s favor, we will seek reimbursement of our attorney’s fees and costs, regardless of who initiated the arbitration. For clarity, this arbitration provision will survive cancellation of your account with The Vegas Post.

If you’re not sure what all of this means, of course please feel free to ask an attorney.

Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and The Vegas Post agree on the process described in this Section.

14. LIMITATION ON TIME TO BRING A CLAIM

To help resolve any issues between us promptly, you and The Vegas Post agree to bring any claim arising out of or relating to these Terms (including The Vegas Post ’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

15. GENERAL INFORMATION

15.1 International Use. We are a company based in the United States and offer our Services to users in the United States. The Vegas Post’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content producers grant to us. Access to the Services from locations where The Vegas Post does not have rights, that are not permitted by the terms of your subscription, or where The Vegas Post does not make the Services available is prohibited.

15.2 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

15.3 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of Nevada without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not applicable (e.g., when confirming an arbitration award), you and The Vegas Post  agree to submit to the exclusive jurisdiction of the courts located in the Clark Country of The State of Nevada.

15.4 No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at info@thevegaspost.com (subject line: “TOU Violation”). Precisely how The Vegas Post responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon The Vegas Post ‘s precise response with respect to one party or one situation as any indication of what The Vegas Post might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, The Vegas Post’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if The Vegas Post acts in a way that appears to you to be inconsistent with these Terms, The Vegas Post’s action shall not be deemed a waiver or constructive amendment of these Terms.

15.5 Integration, Amendment, Severability, and Electronic Communications. Please note that these Terms, including The Vegas Post ‘s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement between you and The Vegas Post and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that The Vegas Post may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and The Vegas Post in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the The Vegas Post Site and other Access Points). You consent to receive electronic communications from The Vegas Post and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: info@thevegaspost.com. Enjoy the Services!