Last Updated: August 15, 2021
Types of Information We Collect
Categories of personal information we collect.
Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about users. The California Consumer Protection Act (“CCPA”) requires us to provide you with the “categories” of personal information we collect. The categories we collect are: identifiers (such as name, address, email address, IP address, device identifiers, and login information); commercial information (such as subscription and delivery history); financial data (such as credit card information); internet or other network or device activity (such as browsing history or what content you access on our Sites or Applications); geolocation information (e.g., your city and state based on IP address or precise location information from your mobile device with your consent and consistent with your mobile device settings); professional or employment related data; potentially protected classifications (such as gender and age); physical characteristics or description (such as when you voluntarily submit a photo to our Site or Application); and other information that identifies or can be reasonably associated with you (such as information you make available in comments, self-updated information in our Application or through email).
We and our service providers may use the categories of personal information we collect from and about you consistent with the various business purposes and commercial we discuss throughout this Policy. Please see the relevant section(s) for more information.
Information You Provide to Us
We collect and store information that you voluntarily supply to us.
When you register as a member on any of our sites or Applications, we collect information including your name, company, title, zip code, e-mail address, password, and information regarding newsletters and alerts you would like to receive.
When you make a voluntary donation or purchase from our online store, we will collect all information necessary to complete the transaction, including your name, credit card, and other related information.
When you sign up for our electronic newsletters, we collect your e-mail address.
When you respond to our surveys, we will collect all the information requested in the surveys, including any applicable contact information and demographic information such as your e-mail, first name, last name, location, place of employment, type of employment, industry, household income, race, age, and gender.
We also collect information at other points in our Sites and Application which state information is being collected.
You do not have a contractual obligation to provide us with your information, but if you do not, we may not be able to provide you with the services you have requested or you may be limited in your use of our services (For example, if you do not provide us with your e-mail address, we will not be able to send you newsletters).
Information Automatically Collected
We also may collect and store information that is generated automatically as you navigate through our Sites or Applications.
To make our Sites and Applications more useful to you, our servers (which may be hosted by a third-party service provider) may collect information from your computer or device, including but not limited to:
- The date and time of your visit and the web pages and content you view and links you click on while navigating within our Sites or Applications;
- Information about the type of content accessed via our Sites or Applications;
- The site you visited before and after visiting our Sites;
- Your Internet Protocol (IP) address (a numerical address assigned to your computer by your Internet service provider so that other computers connected to the Internet can communicate with you online) that can sometimes be used to derive your general geographic area;
- Search terms you enter using our Sites or Applications;
- Unique identifiers, including non-global mobile device identification numbers;
- Information about your computer device such as your device type, screen size, browser type, language and other settings, memory capacity, plug-ins, Internet domain, TCP configuration parameters, operating system, carrier code, time zone and the names, versions and package IDs of software installed on your device; and
- Information collected through cookies, pixel tags and other tracking technologies (see additional descriptions of these terms below).
If you allow our Application to have access to your location information and you have enabled location services on your phone, we collect your precise location information.
Information Collected from Third Parties
We may also collect information about you through non-affiliated third parties, such as market research firms and public sources. Depending on the source, this information collected from third parties could include information such as demographic information and brand and media consumption information. We may combine information that we collect about you through the Sites and Applications with information that we obtain from such third parties.
Cookies and Other Tracking Technologies
To help make the Sites and Applications more responsive to the needs of users, we employ a standard software feature, called a “cookie,” to assign each user a unique, random number that resides on a user’s computer or device. The cookie by itself does not personally identify the user; it merely identifies the computer or device with which the user accesses a Site or Application. Cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of a Site or Application where you have entered preference information before.
When we post videos, third parties may use local shared objects, known as flash cookies to store your preferences for volume control or to personalize certain video features. Flash cookies are different from cookies because of the amount and type of data and how the data is stored.
We also may use web beacons (also known as “pixel tags”) to access cookies and to count users who visit our Sites, use our Applications, or open our HTML-formatted e-mail messages. Pixel tags are graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of our users. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly in web pages and e-mail messages. We may collect information about your interactions with our e-mail messages, such as the links you click on and whether you open or forward a message, the date and time of these interactions and the device you use to read our e-mails.
We also collect anonymized, cookie-based demographics data from third parties to analyze the composition of our audience.
Our Site also makes use of various third-party cookie data collection and linking services. El Paso News, Inc. and third-party vendors, including Google and others, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the Google Ad Manager cookie) together to (i) inform, optimize, and serve ads based on your past visits to our website and (ii) report how your ad impressions, uses of ad services, and interactions with the foregoing are related to your visits to the Site. In addition, we may use Google Analytics data, including but not limited to, geographic, demographics, and interest reporting information to recognize and understand user preferences, make improvements, and for other business purposes.
Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Although we are committed to providing you with meaningful choices about the information collected on our website for third party purposes, we do not currently recognize or respond to browser-initiated DNT signals.
Use of Information
We use the information we collect about you to:
- facilitate the creation of and secure your membership account;
- identify you as a user in our system;
- send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
- perform market research to understand the interests and preferences of our existing users;
- provide enhancements and improvements to our advertisements, Sites and Applications;
- provide the products and services you request;
- create new products and services;
- improve the quality of your experience when you interact with our Sites and Applications, including customizing features to your interests and serve targeted advertisements to you;
- measure and analyze audience traffic, including tracking user interests, trends, and patterns;
- send you administrative e-mail notifications, such as security, or support and maintenance advisories;
- send newsletters, surveys, offers, and other promotional materials and for other marketing purposes;
- help recognize you as a previous visitor and save and remember your preferences and settings and deliver to you appropriate interest-based content;
- understand whether our users read e-mail messages and click on links within those messages;
- prevent potentially prohibited or illegal activities, comply with applicable law and enforce our Terms of Service; and
- for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may create aggregated or de-identified records based on information we collect about you (such as by removing your name). We reserve the right to use such data for any purpose and disclose such data to third parties in our sole discretion. For instance, when you respond to a survey, we may use, disclose and/or publish the responses you provide to us. However, we will not publish or disclose your name in connection with your response without your prior consent.
Disclosure of Information
Please also keep in mind that whenever you voluntarily make your information available for viewing by third parties online — for example in comments, through e-mail or web logs, or in our Applications – that information can be seen, collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put data such as private contact information which you do not want to make available to the public in your posts. Once you have posted information publicly, while you may still be able to edit and delete it on our Site or Application, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
We may share your information with our vendors and other third-party service providers to: provide you with the services that we offer through our Sites and Applications; process your payments; conduct quality assurance testing; facilitate creation of accounts; provide technical support; and/or provide other services to El Paso News, Inc. and our Affiliates. Our third-party service providers are obligated to only use the information for providing, maintaining, and improving the services on our behalf.
Third-Party Payment Processing
For online payments, we use the payment services of third parties. We do not process, record, or maintain your credit card information.
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
Transfers of Information
The Sites and Applications are not directed to children under the age of thirteen and we do NOT knowingly collect personal information, as that term is defined in the Children’s Online Privacy Protection Act (“COPPA”) from children under the age of thirteen. If we discover that a child under 13 has submitted personal information to us, we will attempt to delete the information as soon as possible.
Your Choices and Rights
You may request deletion of your registration data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from our active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
Opting Out of Newsletters
If you have subscribed to one of our e-mail newsletters, you will always have the opportunity to unsubscribe from future mailings by following the unsubscribe instructions provided in the e-mail you receive from us.
If you decide at any time that you no longer wish to accept cookies for any of the purposes described above, then you can instruct your browser or mobile device, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites and/or applications. If you do not accept cookies, however, you may not be able to use all portions of, or all functionalities of, the Sites or Applications, as applicable.
If have elected to allow us to track your location information on your mobile device and you later decide you no longer want us to collect your location information, you can disable location services through your mobile device’s application settings.
Changes to This Policy
El Paso News, Inc.
PO Box 536421
Orlando FL 32853
Terms of Service
This Terms of Service Agreement (these “Terms”) governs your use of the website and all mobile websites and applications associated there with (collectively, the “Site”). The Site is provided to you by El Paso News, Inc., (“we” or “us”). Unless explicitly stated otherwise, any new platforms, features or functionality made available to the public by El Paso News, Inc. shall be subject to these Terms which constitutes a binding legal contract between you and us. By using the Site, you accept its terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES.
When we change these Terms at some point in the future, we’ll post the modified Terms of Service Agreement on this Site and update the Effective Date of the policy to reflect the date of the changes. Except as explicitly provided otherwise herein, by continuing to use the Site after we post any such changes, you accept the Terms of Service Agreement as modified.
We reserve the right to deny access to this Site, or any service provided via this Site, to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy this Site, or infringes the rights of us or others.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner, and each of your heirs, assigns, and successors.
INTELLECTUAL PROPERTY RIGHTS
The materials available through this Site are our property of or the property of our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You may use the Site, and materials on the Site, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not decompile or reverse engineer any part of the Site. You may not otherwise download, republish, retransmit or reproduce any of the materials (including any video or still photographs) without the prior written consent of El Paso News, Inc.
The Site may include interactive features that allow you to post, submit, publish, display, or transmit material to the Site and/or to other Site users (“User Content”) By submitting User Content to us, you are representing that you are the owner of the User Content, or are making your submission with the express consent of the owner. By submitting User Content to any public posting areas of this Site, such as any comments or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such User Content as we see fit in any medium and for any purpose. You grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such User Content on the Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any User Content that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Trademarks. The Border Politics, El Paso Digest, El Paso News and El Paso Politics trademarks, service marks, product and service names, and other corporate indicia (the “EPN Marks”) are the property of El Paso News, Inc. You agree not to display or use in any manner any of our marks without our prior written permission.
Links. You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with you or your site by us.
To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name, address and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 13 years or older (or 16 years or older if you are in the European Economic Area). You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form, and you will update your information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
To use certain features of the Site, you will need a user ID and password, which you will create through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
MODIFICATIONS TO THE SITE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You agree that, in our sole discretion, we may terminate your password, account (or any part thereof), membership on our Sites (in whole or in part), and remove and discard any User Content for any reason, including, without limitation, due to discontinuance of a service or for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any User Content.
The Site may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information, files, or other User Content that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Service.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use any automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
You understand that we have no obligation to monitor any comments, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site. You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content or materials submitted by you violates the rights of third parties; or (d) protect the rights, property, or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold El Paso News, Inc., its subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Site by you or by others using your user account.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Copyright Agent, El Paso News, Inc., PO Box 536421, Orlando, FL 32853. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT.
INDEMNITY AND RELEASE
You agree to release, defend, indemnify and hold us, El Paso News, Inc., and our subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your misuse of the Site, your User Content, your violation of these Terms, or your violation of any rights of another.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Please read the following section carefully. It requires you to arbitrate disputes with El Paso News, Inc. and limits the manner in which you can seek relief from us.
(a) Scope of Arbitration Agreement. You agree that any dispute or claim against El Paso News, Inc., or its affiliates, subsidiaries, owners, officers, directors, employees, agents or representatives relating in any way to your access or use of the Site, to any products or services sold or distributed through the Site, or to any other aspect of your relationship with El Paso News, Inc. will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or El Paso News, Inc. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
(b) Initial Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
(c) Ending Negotiation. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
(d) Submit to Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration.
(e) Waiver of Jury Trial. YOU AND EL PASO NEWS, INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the EL PASO NEWS, INC. are instead electing to have claims and disputes resolved by arbitration, except as specified in subsection (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited.
(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor El Paso News, Inc. is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court.
(g) Survival. This Arbitration Agreement will survive any termination of your relationship with El Paso News, Inc.
Governing Law and Venue. These Terms have been made in and shall be construed in accordance with the laws of the Orange County, Florida, without regard to its conflict of laws provisions. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and El Paso News, Inc. agree that all claims and disputes arising out of or relating to these Terms or your use of the Site will be litigated exclusively in the state or federal courts located within Orange County, Florida.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Validity. Subject to section (e) of the Arbitration Agreement, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.