Terms & Conditions

Effective Date: March 8, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM

The following terms of use apply to the Katie Couric Media, LLC (referred to as “us”, “we”, “our”, or “Katie Couric Media”) website located at www.katiecouric.com, our mobile application, online platform and related technology, marketing and services  (the “Platform”).  Use of this Platform signifies your agreement to these terms of use (“Terms of Use”) and your acknowledgement that you have read, understood and agree to be bound by these Terms of Use in their entirety, any modifications to the Terms of Use, which is incorporated by reference into these Terms of Use.  In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Platform.  If you do not agree to these Terms of Use, do not access, browse or use the Platform.

Please return to the Platform and review these Terms of Use from time to time, as they may be amended without notice to you.  Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Platform.  Please note that your use of certain content and features of the Platform may be subject to additional terms.  By using such content and features, you also agree to be bound by such additional terms.

The Platform is only intended to be accessed and used by individuals that are 18 years of age or older. If you are below the age of 18, then your parent or legal guardian must read and accept the terms and conditions of these Terms of Use on your behalf. If you become aware of anyone using the Platform who is under the age of 13, please report this to: support@katiecouric.com. We do not knowingly collect information from anyone under the age of 13. We may, in our sole discretion, refuse to offer the Platform to any person or entity for any reason.  

PROPRIETARY RIGHTS; USE OF CONTENT

This Platform is owned and operated by Katie Couric Media and, in the case of certain features, products, services and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing at the Platform (collectively, “Content”) is the property of Katie Couric Media and its affiliates, licensors or third party retailers or suppliers (collectively content, products and services of affiliates, licensors or third party retailer or suppliers providers is referred to as “Third Party Providers” hereinafter) and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws.  All trademarks, service marks, trade names, logos and other indicia of origin (collectively, “Marks”) appearing on the Platform are the property of Katie Couric Media and its Third Party Providers. You may not make any use of any Content or Marks without the prior written consent of Katie Couric Media and any applicable Third Party Provider.  No Content from the Platform may be copied, reproduced, republished, translated, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of Content on any single computer for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices.  Modification of the Content or use of the Content for any other purpose may be a violation of copyright, trademark, trade secret rights and others’ proprietary rights belonging to Katie Couric Media and Third Party Providers.  For purposes of these Terms of Use, the use of any such Content on any other platform or networked computer environment is prohibited.

YOUR CONDUCT

In using or accessing the Platform you agree:

·            to use the Platform for your personal, noncommercial, entertainment use on a single device (e.g., computer, mobile or tablet) only;

·            not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Platform;

·            not to use the Platform for a purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;

·            not to disrupt or interfere with any other user’s enjoyment of the Platform;

·            not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Platform, the content of any text or the layout/design of any page) without Katie Couric Media’s express written consent;

·            not to use meta tags or any other “hidden text” utilizing a Mark, videos or other materials without Katie Couric Media’s express written consent;

·            not to use the Platform for any commercial purpose not expressly approved by Katie Couric Media in writing, including without limitation, unsolicited advertising junk mail or spam;

·            not to monitor, scrape, index or otherwise copy any of the material on the Platform by means of any robot, spider or other automatic device, process or means, regardless of whether such use my be considered a fair use under United States copyright law;

·            not to disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Platform, except as permitted by applicable laws;

·            not to “deeplink” to the Platform without Katie Couric Media’s express written consent; and

·            not to attempt to obtain unauthorized access to the Platform or portions of the Platform that are restricted from general access.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use.  If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.

FORUM, BLOG, EVENTS AND POSTING POLICY

From time to time on certain areas of our Platform you may be able to submit photos, events, videos, testimonials, podcasts, written posts, and certain other materials (“User Content”).  By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; that you will not collect or store personal data about other users in your User Content; that will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of Katie Couric Media, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or any feature of the Platform. 

By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Katie Couric Media a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use your User Content (including, without limitation, to modify, publicly perform, publicly display, reproduce, and distribute such User Content) in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms of Use and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Katie Couric Media may delete all User Content associated with your account at any time, and without notice, including without limitation if Katie Couric Media deems that you have violated these Terms of Use, the law, or for any other reason.

Katie Couric Media assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account. Katie Couric Media does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Katie Couric Media without the prior review and written approval of Katie Couric Media.

You agree to indemnify and hold Katie Couric Media, it officers, directors, employees, affiliates and agents harmless from any actual or alleged claims, demands, causes of actions, judgements, losses, liabilities, fines, damages and expenses (including reasonable attorneys’ fees and costs), related to your violation of these Terms of Use, including the posting policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Katie Couric Media or this Platform.

SHOP, GUIDES, STORIES, LINKS AND THIRD PARTIES

Katie Couric Media provides stories and articles on movies and gifts and suggestions on interesting and exciting products and services, among other items.  Katie Couric Media does not sponsor or endorse and is not responsible or liable for the content, products and services discussed on the Platform and which may be available through such hyperlinks/purchase buttons.  The hyperlinks and purchase buttons on the Platform to third party sites are solely provided as a convenience to you. If you use these links or buttons, you will leave the Platform.

Separate terms and conditions will apply to your purchase of any curated items on our Platform.  All purchases occur on the supplier’s or retailer’s site, otherwise referred to as Third Party Providers, that you elected to purchase from.  You acknowledge and understand that your purchases and the products and services that you purchase are subject to the terms and conditions and privacy policy of these Third Party Provider’s site, application or platform. You are completely responsible for understanding those third-party terms and conditions, including but not limited to any product warranties, return, cancellation or refund processes.  You agree that Katie Couric Media will not be responsible or liable for any dispute, loss, injury or damage of any kind incurred as a result of any dealings between you and any such Third Party Providers, directly or indirectly, including without limitation, product or services liability, damage or negligence claims. Katie Couric Media is not responsible any differences in product or services pricing from its site to any Third Party Provider’s site, application or platform.  In addition, you acknowledge that Katie Couric Media does not verify, or make any representations regarding any third party advertisements, content, products or services. It is your sole responsibility to research and verify the legitimacy of any product/service and Third Party Provider linked to the Platform, and you are solely responsible for your decision purchase such products/service or to submit personal information to any third party.  Remember any personal information that you submit through such Third Party Provider’s site, application or platform will be subject to the privacy policy and terms of use on that site, application or platform.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before purchasing from any linked Third Party Provider.  Any purchases are made at your own risk.  

We may include products and services on our Platform relevant to our site values or ethos.  We do not investigate, examine, research, confirm, or verify the values or ethos of Third Party Provider’s.  It is your responsibility to undertake any research, investigation, examination, confirmation or verification regarding these values or ethos if they are critical to your purchase decisionmaking.

AFFILIATE MARKETING AND SPONSORSHIPS

Like many other ecommerce sites, we participate in affiliate marketing or sponsorships, allowing affiliates or sponsors information to be encoded on our Platform.  This means we mean that we may earn a commission whenever you make purchase through, click to an affiliate link on our Platform or access content on our Platform.  When you are purchasing products or services offered through these marketing relationships, you are directly purchasing from those Third Party Providers, not Katie Couric Media.  We do not evaluate, examine, research, investigate, or warrant any of these offerings made by such third parties.  These third parties have their own terms of use, privacy policies, product details, restrictions, and pricing that you should review carefully before making a purchase.  You acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, safety, legality, or appropriateness of these third party sites, applications or platforms or any damage caused, directly or indirectly, with your access of such third-party sites content, products or services, including without limitation, any product liability and advertising claims. 

SOCIAL MEDIA 

The Platform may contain links to social media platforms and may also contain plug-ins and other features that allow you to connect with third-party social media platforms. Please consult the terms of use, platform policies and/or privacy policies of these social media platforms for any activity you conduct on these social media platforms. If you activate these plug-ins and other features, you will be doing so at your own risk. 

RETAILER/SUPPLIER/THIRD PARTY PROVIDERS ADDITIONAL TERMS AND CONDITIONS

If you are a retailer, publisher or supplier of content, products and services advertised on this Platform, directly, through affiliate marketing or otherwise, the following additional terms and conditions shall apply to you. You acknowledge and agree that you are responsible wholly for all your content, products or services on the Platform.  You represent and warrant that your content, products and services comply with all applicable laws, regulations, statutes, ordinances, and regulatory guidance, including without limitation, any and all consumer protection, advertising, product liability and data protection laws.  You understand and agree that we are relying on your compliance, and we do not evaluate, research, warranty, examine or investigate your content, products or services, including safety or advertising claims.  You acknowledge and agree that KCM has no responsibility or liability, directly or indirectly, for any alleged or actual damage, claim, loss or liability related to your content, products or services promoted on the Platform.  In consideration of our advertisement of your products, services or content, you agree to defend, indemnify and hold KCM, its officers, directors, employees and agents harmless for all demands, fines, investigations, claims, alleged claims, losses, judgements, liabilities, and expenses (including reasonable attorney’s fees and costs) arising from your representations, warranties and covenants set forth above, the use of your products, services and content or any acts or omissions related to such products, services and content.  No other contract or agreement shall limit or cap this indemnification obligation.  You will cooperate fully as required by Katie Couric Media in the defense of such claim.  Katie Couric Media reserves the right to assume the defense and control of any matter subject of this indemnification and you shall not settle any claim concerning Katie Couric Media without Katie Couric Media’s prior written consent.  Katie Couric Media reserves the right to remove your content, products or services from the Platform immediately in the event a Third Party Provider violates these Terms of Use, without any liability to you. 

DIGITAL MILLENNIUM COPYRIGHT ACT

Katie Couric Media has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ( “DMCA”).  If you believe that your content has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

·   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·   a description of the copyrighted work that you claim has been infringed;

·   a description of where the material that you claim is infringing is located on the Platform  (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

·   your contact information, including address, telephone number and email address;

·   a written 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

·   a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to Katie Couric Media’s Copyright Agent via email to support@katiecouric.com with a subject line that includes “DMCA Request”, by phone to  or via mail to the following address:

Copyright Agent

c/o  Katie Couric Media

75 Varick Street

New York, NY 10013

Katie Couric Media may terminate the Platform use of any repeat infringer.

PRIVACY POLICY

We recognize the importance of respecting your privacy.   Our privacy policy provides you with information on how we use your personal information.  Please review this policy for more information [Insert Link]

CHANGES TO PLATFORM  

We may add, change, discontinue, remove or suspend any portion of the Platform at any time, without notice.

TERMINATION

Katie Couric Media reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the Platform, and to block or prevent future access to and use of the Platform for any reason, including your breach of these Terms of Use or other conduct by you that Katie Couric Media considers inappropriate.  Katie Couric Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice.  Except as otherwise expressly stated in the Terms of Use, you agree that Katie Couric Media shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Platform (or any portion thereof).

DISCLAIMER

KATIE COURIC MEDIA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PLATFORM OR THE PRODUCTS OR CONTENT THEREIN, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  KATIE COURIC MEDIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, CONTENT AND ANY LINKED PLATFORM, INCLUDING WITHOUT LIMITATION, THOSE OF THIRD PARTY PROVIDERS. KATIE COURIC MEDIA DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE PLATFORM OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE PLATFORM OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS.  KATIE COURIC MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY PRICING INFORMATION. YOU (AND NOT KATIE COURIC MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  KATIE COURIC MEDIA MAKES NO REPRESENTATION ABOUT THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, THIRD PARTY PROVIDERS’ PRODUCTS AND SERVICES, INCLUDED ON ITS PLATFORM AND THE INCLUSION OF SUCH PRODUCTS DOES NOT CONSTITUTE AN ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT OR  ANY OTHER CAUSE OF ACTION, SHALL KATIE COURIC MEDIA AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY PROVIDERS, AFFILIATES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “KATIE COURIC MEDIA PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS OR SERVICES; (B) YOUR USE OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY PLATFORM, PRODUCT OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE PLATFORM; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A KATIE COURIC MEDIA PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KATIE COURIC MEDIA’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE PLATFORM.  IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE PLATFORM.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE PLATFORM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

By using the Platform, you agree to indemnify, defend and hold harmless Katie Couric Media, its officers, directors, employees, affiliates and agents from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, fines and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Platform, including, without limitation, any Content available on the Platform and any activity of yours on the Platform; (3) loss of any data or information; and (4) any material uploaded by you or through your computer to the Platform or otherwise sent by you to Katie Couric Media.  You will cooperate as fully and reasonably as required by Katie Couric Media in the defense of any claim.  Katie Couric Media reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Katie Couric Media.

PERMISSION FOR WEB LINKING

If you link to the Platform, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Katie Couric Media. Any such link must not damage, dilute or tarnish the goodwill associated with Katie Couric Media and/or any Katie Couric Media intellectual property, nor may the link create the false appearance that your Platform or organization is sponsored, endorsed by, affiliated or associated with Katie Couric Media, and you may not “frame” the Platform. You may not link to the Platform from any Platform that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Katie Couric Media’s sole discretion.  Katie Couric Media reserves the right, in its sole discretion, to terminate any link from any Platform.

FORCE MAJEURE

Katie Couric Media will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Katie Couric Media’s reasonable control.

ARBITRATION AGREEMENT, JURY TRIAL WAIVER, CLASS ACTION WAIVER.

If you pursue a legal claim against Katie Couric Media you agree to arbitration (with limited exceptions and except where prohibited by law):

·   The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration Procedures.

·   The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Interlace any class action, class arbitration, or other representative action or proceeding.

·   Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

·   Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Katie Couric Media (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, New York jurisdiction of those courts for such purposes.

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

GOVERNING LAW

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of New York, within the United States of America without giving effect to any principles of conflicts of law.  Katie Couric Media makes no representation that Content contained on the Platform is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country.  Visitors who use the Platform and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ACCESSIBILITY

WE STRIVE TO MAKE THE CONTENT ON THIS WEBSITE USABLE BY ALL VISITORS, INCLUDING THOSE WITH DISABILITIES. IF YOU ARE HAVING DIFFICULTY USING THIS WEBSITE, WITH OR WITHOUT ASSISTIVE TECHNOLOGY, PLEASE CONTACT US AT SUPPORT@KATIECOURIC.COM. TO ENABLE US TO RESPOND IN A MANNER MOST HELPFUL TO YOU, PLEASE INDICATE THE NATURE OF YOUR DIFFICULTY USING THE WEBSITE, THE SPECIFIC WEB ADDRESS (URL LINK) AT ISSUE, AND YOUR FULL CONTACT INFORMATION, INCLUDING EMAIL ADDRESS AND PHONE NUMBER. THANK YOU FOR HELPING US MAKE YOUR ONLINE EXPERIENCE MORE ENJOYABLE.

CONTACT US

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at support@katiecouric.com.  Our address is Katie Couric Media, LLC, 75 Varick Street, 12th Floor, New York, NY 10013.  We will attempt to address any issue raised in a reasonable period of time.