1. ENTIRE AGREEMENT
2. DESCRIPTION OF SERVICE
3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE
4. NO RESALE OF SERVICE
6. CONTENT OWNERSHIP
7. CONTENT RESPONSIBILITY
8. CONTENT SUBMITTED TO EPOCH TIMES
9. USER CONDUCT
10. USER ACCOUNT PASSWORD AND SECURITY
14. PROMOTING PRODUCTS ON EPOCH TIMES
15. ADVERTISEMENTS PROMOTIONS AND AFFILIATE DISCLOSURE
16. DISCLAIMER OF WARRANTIES
17. LIMITATION OF LIABILITY
18. INJUNCTIVE RELIEF
21. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
24. GENERAL INFORMATION
26. EPOCH TIMES PROPRIETARY RIGHTS
27. COPYRIGHT AND TRADEMARK
28. NOTICE OF INFRINGEMENT
29. CHILDREN INFORMATION
30. RELIANCE ON INFORMATION POSTED
31. HOW TO CONTACT US
The Epoch Times Association Inc. and its affiliates and subsidiaries (collectively “Epoch Times,” “our,” “us,” or “we”) owns and operates https://www.TheEpochTimes.com and its associated websites and mobile sites (the “Sites”). Epoch Times provides its Sites, including all information, videos, images, tools, commenting and linking publishing capabilities, and all other services available made available by us to Users through our Sites (collectively, the “Services”).
This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.
The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.
1. ENTIRE AGREEMENT.
2. DESCRIPTION OF SERVICE.
Epoch Times grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from our Services (e.g., our website) for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. Epoch Times reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
Epoch Times (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE.
Epoch Times reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. Epoch Times shall not be liable to any User or any third party should Epoch Times exercise its right to modify or discontinue any Services provided.
Epoch Times also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://www.theepochtimes.com/terms-of-service. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.
4. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.
Epoch Times is available in limited areas for residential delivery service. In areas where delivery service is not available, Epoch Times uses the United State Postal Service (USPS) to deliver the newspaper and other products.
The American Essence Magazine is published monthly and mailed at the beginning of each month via USPS. If you subscribed before the 25th day of the month, your first magazine will arrive the next month. For example, if you subscribed to from Jan 26th to Feb 25th, your first copy will be the March issue. Please allow up to 14 days for your first magazine to arrive after our monthly mailing.
6. CONTENT OWNERSHIP.
The content on The Epoch Times Sites, including but not limited to, content, features, functionality, photos, articles, and site layout, as well as all logos of the Epoch Times appearing on the Epoch Times website (the “Site Content”), are the exclusive property of Epoch Times, our affiliates, or licensors and are protected by intellectual property and proprietary rights laws. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.
The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission. However, you may download and print Site Content for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Site Content on the Internet, or any Intranet or Extranet site, or to incorporate the Site Content in any database or other compilation. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.
All registered and unregistered trademarks visible or accessible through our Services are trademarks of Epoch Times, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Epoch Times or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
Unless stated otherwise on The Epoch Times Sites or in this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through Epoch Times. In exchange for the publishing services provided by Epoch Times, the User agrees to grant a perpetual, irrevocable, worldwide, unlimited, non-terminable license to Epoch Times to use all content the User publishes through Epoch Times without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the Epoch Times name in commercial activity without prior written consent of Epoch Times.
You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) that you provide to us through our Services are not confidential, and become our sole property. Epoch Times reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.
7. CONTENT RESPONSIBILITY.
We reserve the right to modify and update the Site Content or Services at any time to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that Epoch Times neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.
You agree that Comments provided to Epoch Times will not violate any right of any third-party, including copyright, trade mark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. Epoch Times does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. Epoch Times’ inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.
8. CONTENT SUBMITTED TO EPOCH TIMES.
Epoch Times does not claim ownership of the Content or links you place on your Epoch Times page. Epoch Times may quote or reproduce your Content (if you have made it public), in whole or in part, in order to promote your Epoch Times page and/or the Epoch Times Services. You acknowledge that Epoch Times does not pre-screen Content or links, but that Epoch Times and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, Epoch Times and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.
9. USER CONDUCT.
You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not Epoch Times, are entirely responsible for all User Content that you share, post, or upload via the Services.
Epoch Times does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Epoch Times is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant Epoch Times the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
We have the right to:
(i). Remove or refuse to post any User Content for any or no reason at our sole discretion.
(ii). Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates the Terms of Service Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Epoch Times.
(iii). Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
(v). Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS EPOCH TIMES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EPOCH TIMES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EPOCH TIMES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions.
10. USER ACCOUNT, PASSWORD, AND SECURITY.
Users have the option of creating an account with Epoch Times to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with Epoch Times, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time (to do so, go to the user profile menu option within your account). You may also set up a new account and close an old one at your convenience. You agree to immediately notify Epoch Times of any unauthorized use of your account or any other breach of security known to You. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
All payments through our Sites or other transactions formed through the Services, or resulting from visits made by you, are governed by the following payment terms:
(a) Payments. When you process a transaction or when you purchase a subscription (weekly, monthly, quarterly or annually), you agree that you are authorizing payments and recurring payments, which will be made to The Epoch Times by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by The Epoch Times.
The price stated for the Services excludes all applicable taxes and currency exchange. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your account was registered.
All payments are final and non-refundable. You must terminate your Services before the next billing date to stop being charged for your Services.
If any payment is returned unpaid or if any credit card or similar payment method is rejected or denied, The Epoch Times reserve the right to collect any applicable payment, return item, rejection, or insufficient funds fee. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
(b) Payment Method. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. By authorizing recurring payments, you are authorizing The Epoch Times to store your payment method and process such payments. You can access and change your billing information and payment method on the website at: “My Account / Subscription / Payment Method”.
By providing The Epoch Times with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize The Epoch Times to charge you for the Services using your payment method; and (iii) authorize The Epoch Times to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis (automatic renewals) for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
Additionally, you agree to permit The Epoch Times to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.
No refunds will be issued on any of our products. All payments made on purchases and gifts are final and non-refundable. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period. No exceptions.
However, if you believe The Epoch Times has charged you in error, you must contact us within thirty (30) days of such charge.
If you are subscribed to any of our Services, you may cancel at any time through your profile page online or by calling Customer Service Hotline 1 833-699-1888 from Monday to Friday from 9am to 6pm EST or Saturdays from 10am to 3pm EST to notify Epoch Times of your intent to terminate your subscription. Your termination will become effective at the end of your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; however, your use of the Services and benefits subscribed to will continue for the remainder of the current billing period unless you request an immediate termination.
If you terminate a “trial subscription”, the Services including digital access and delivery of newspapers, magazines or any materials will terminate immediately.
Epoch Times may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if Epoch Times believes that you have violated any law or the spirit of this Agreement.
14. PROMOTING PRODUCTS ON EPOCH TIMES.
If You (“Promoter”) promote, market, or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent, and warrant that:
(a) You will not suggest or imply any endorsement by Epoch Times, its contributors, or sponsors for the Product.
(b) You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (“IP Rights”).
(c) You will not interfere with Epoch Times’ tracking of visits, page views, click throughs, or the normal flow of traffic to, through, or from the Epoch Times Services.
(d) All communications and/or representations made by you in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with your country’s laws and all Federal and State laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
(e) You will not offer, suggest, or imply the availability of any rebates, coupons, tickets, vouchers, or similar incentives to induce or encourage the purchase of a Product.
(f) Epoch Times reserves the right, but not the obligation, to review your Promotions as they appear on our Sites and Services. You agree that Epoch Times, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support, or other items related to the content of Your Promotions. Epoch Times may remove your Promotion at any time from its Service by refunding any fees paid for that Promotion.
(g) You will provide valid contact information, including but not limited to a working email address, where Epoch Times can send inquiries and receive a non-automated reply by end of the following business day.
(h) Epoch Times does not guarantee, or assume any responsibility or liability for the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by Epoch Times does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at your own risk. In no event shall Epoch Times have any liability for your purchase or use of a Product or Service Promoted on Epoch Times; and
(i) Promotion is voluntary, and your reliance is at your own risk. Epoch Times does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy, or timeliness. You acknowledge and understand that Epoch Times does not verify statements, claims, incentives, or promotions made by Promotions.
We reserve the right to delete Promotions at our sole discretion without previous notice to User.
15. ADVERTISEMENTS, PROMOTIONS, AND AFFILIATE DISCLOSURE.
Epoch Times runs advertisements, promotions, and affiliate links on Epoch Times Site pages. Some advertisements and product recommendations may be related to affiliate marketing or the Amazon Associate program from which Epoch Times might receive compensation for any purchase made through those links. The manner, mode, and extent of advertising by Epoch Times is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that Epoch Times shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Services.
16. DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, EPOCH TIMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EPOCH TIMES MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EPOCH TIMES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY.
EPOCH TIMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Epoch Times as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Epoch Times shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Epoch Times in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, including our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York in the United States without reference to any conflict of law rules. You and Epoch Times agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within New York in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
21. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
If you and Epoch Times are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Epoch Times may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of New York or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Service containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND EPOCH TIMES AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and Epoch Times agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:
(a) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and
(b) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) by filling up the opt out form here [link], or (b) by mail to “Opt-Out Customer Service Department” to 5 Penn Plaza, 8th Floor, New York NY 10001. Include your name, address, and date in the correspondence. This is the only way you can opt-out.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Epoch Times may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.
24. GENERAL INFORMATION.
If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Epoch Times’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Epoch Times in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and Epoch Times agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If Epoch Times takes any action to enforce this Agreement, Epoch Times, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Epoch Times may be entitled.
To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Please report any violations of this Agreement to administrators at TheEpochTimes.com via the email address
26. EPOCH TIMES PROPRIETARY RIGHTS.
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Epoch Times or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
27. COPYRIGHT AND TRADEMARK.
Website copyright notice: Copyright (c) 2021 The Epoch Times, Inc. All rights reserved.
This website is the copyrighted property of Epoch Times and various third-party providers and distributors (“Suppliers”).
Epoch Times and TheEpochTimes.com are a service marks of Epoch Times. Other product, service and company names used on this website are registered and common law trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices.
28. NOTICE OF INFRINGEMENT:
We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see our Copyright Policy and Infringement Notification, which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.
29. CHILDREN INFORMATION.
We do not target our Services to minors, who are under sixteen (16) (or a higher age threshold where applicable). You agree that you are not under sixteen (16) years of age. We do not intend to collect or process any personal information from anyone under the age of sixteen (16). If we become aware that a user is under sixteen (16) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such personal information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of sixteen (16).
30. RELIANCE ON INFORMATION POSTED.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
31. HOW TO CONTACT US.
If you have any questions about these Terms of Service, please contact us at the following:
Email: Contact us here
Call us: 1-833-699-1888
Write us: 5 Penn Plaza, 8th Floor, New York, NY 10001
UPDATED: NOVEMBER 21, 2023