Axios

Privacy Policy

This privacy policy was last updated on January 12, 2017.

Thank you for visiting axios.com, a media destination for news and information. Axios Media Inc. (“Axios Media,” “we,” “us” and “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe our practices regarding the Personal Information (defined below) we collect from users through the websites on which this Privacy policy is displayed (each, a “Site”) and in connection with services and content made available by us through the Sites and our third party distributors Facebook and Apple News (collectively “Services”). This Privacy Policy does not apply to our interactions with you outside of the Services (e.g., if you call our offices by telephone). Capitalized terms not otherwise defined in this Privacy Policy have the meanings given in our Terms of Use located at www.axios.com/sp/privacy-and-terms/#tos (the “Terms”).

This Privacy Policy will apply whether you are a “Visitor” (which means that you simply browse the Services) or an “Authorized User” (which means you have registered to use the Services). Visitors and Authorized Users are individually referred to as a “User” and collectively as “Users”.

  1. User Consent. By submitting Personal Information through our Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.
  2. A Note to Users Outside of the United States. Your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By using the Services you agree to such processing.
  3. Information We Collect. “Personal Information” means information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing Information. “Anonymous Information” means Information that is not associated with or linked to your Personal Information. Anonymous Information does not, by itself, permit the identification of individual persons. We collect Personal Information and Anonymous Information, as described below through the Services.

    1. Information You Provide to Us.

      • Registration. When you register to become an Authorized User and open an account (an “Account”) we collect your name, email address and a password.
      • SNS Login. If you prefer, you may logon as an Authorized User by using social networking sites (e.g., Facebook, Google or LinkedIN) (each an “SNS”), in which case we will receive from the SNS only the information that you authorize us to receive from the SNS.
      • Profiles. The information collected during registration is used to initiate a personal profile. You may be able to add to your personal profile by providing additional information. As described in more detail below, we may add to your profile based on your interactions with the Services.
      • Reporter Communications. As a news organization, we encourage you to communicate directly with our reporters through email and other means. Unless you communicate with reporters through the Tipline, these communications are Personal Information, on the record, and may be used by our reporters publically and as otherwise provided in this Privacy Policy.
      • Information Collected from Others About You. We may receive Personal and/or Anonymous Information about you from third parties. We may add this information to the information we have already collected from you via the Services and use it as contemplated by this Privacy Policy. You may contact us at info@axios.com to request the removal of this information from our database.
      • Feedback. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
      • Tipline. Axios is a news organization. We encourage Users to provide us tips about news and stories. You may do so at https://www.axios.com/tips/. When you submit information through the Tipline, you do so anonymously as we do not associate the tip information with any Personal Information. Any tips you provide are used by our editorial team on background and we verify the information in accordance with our editorial policies before publishing any such information. To be clear, we are not under any obligation to use any information that comes in through the Tipline.
      • Other Information. We may also collect Personal Information in other ways within the Services, where we state that Personal Information is being collected. For example, as part of a survey, competition, sweepstakes or contest.
    2. Information Collected via Technology.

      • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet Service Provider (ISP), operating systems, date/time stamp and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base, and better tailor our Services to our users’ needs.
      • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small files that a website or its service provider transfers to your computer’s web browser that enables the website’s or service provider’s systems to recognize your browser and capture and remember certain information. We may use Cookies to help us understand your preferences based on previous or current activity with the Services (as further described below in the section on advertising) and compile aggregate data about traffic and interaction with the Services so that we can offer better experiences and tools in the future. If you decide that you no longer wish to accept Cookies from our Services, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you turn Cookies off, you won’t have access to certain features and some of our Services may not function properly.
      • Pixel Tags. We use “Pixel Tags” (also referred to as clear gifs, web beacons, or web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send e-mail messages in a format users can read and they tell us whether e-mails have been opened. We may use this information to reduce or eliminate messages sent to a user.
      • Do Not Track Signals. Some web browsers may transmit “do not track” signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals.
      • Collection of Information in Connection with Advertising.

        • Through the use of Cookies and Pixel Tags, we may associate your activities on the Services with certain interests or characteristics. Based on your interests, demographic information and /or your Profile, we may serve you advertising and content through the Services that is likely to be of the most interest to you.
        • Advertisers that advertise on the Services may use Cookies and Pixel Tags to learn more about your interests. In addition, we may use third parties to assist us in selecting and serving advertisements through the Services – and these third parties may also collect information about your visits to this and other websites using Cookies, Pixel Tags or other technologies. Information collected by advertisers and these third party companies may be used by them, among other things, to deliver advertising targeted to your interests on websites and in applications that are not affiliated with us. If you would like more information about this practice and to know your choices about not having this information used by these companies, you may so by visiting www.aboutads.info/ or networkadvertising.org/choices/, or if you are located in the European Union www.youronlinechoices.eu/.
      • Analytic Services. We use third party analytics services such as Google Analytics (“Analytics Services”) to help analyze how users use the Services. The Analytics Services use information generated by Cookies or other technologies about your use of our Site and Services to compile reports on user activity, which we use to improve our Services. Analytics Services may transfer information to third parties where required to do so by law or where such third parties process information on their behalf. Each Analytics Service’s ability to use and share information it collects is restricted by its Terms of Use and Privacy Policy. By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at info@Axios.com.
  4. Use of Your Personal Information

    1. General Use. In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We may use your Personal Information in the following ways:

      • Facilitate the creation of and secure your Account on our network;
      • When you create an Account, you may receive an e-mail from us to verify ownership of the email address provided when your Account was created
      • We may use your e-mail address information to provide you with administrative email notifications, such as Services updates
      • Provide the Services you request
      • Provide improved administration of our Site and Services
      • Respond to your inquires and other requests
      • For fraud protection and/or to verify your identity; and
      • Customize the content and advertisements you see based upon your interests and Profile
      • Send newsletters, surveys, offers and other promotional materials related to our Services and for the benefit of our advertising and marketing partners.
    2. Creation of Anonymous Information. We may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the Information personally identifiable to you. We use this Anonymous Information to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use and share Anonymous Information for any purpose.

  5. How Do We Share Your Personal Information? We disclose your personal information as described below and elsewhere in this Privacy Policy.

    1. Third Party Service Providers. We may share your personal information with third party service providers to: (i) provide you with the Services; (ii) facilitate creation of Accounts; (iii) provide technical support; and/or (iv) provide other services to us.
    2. Affiliates and Corporate Restructuring. We may share your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our affiliates to honor this Privacy Policy. We may also share some or all of your Personal Information in connection with any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
    3. Social Networking Sites. Some of our Services may enable you to post content to SNSs, such as Facebook or Twitter. If you choose to do this, we will provide information to such SNSs in accordance with your elections. You are solely responsible for your use of such SNSs and it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
    4. Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on us; (iii) to protect or defend our rights or property or those of our Users; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
  6. Your Choices Regarding Your Personal Information Newsletters and email. We will periodically send you newsletters and e-mails that promote the use of our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, by terminating your Account or by contacting us directly (please see contact information below). You may also limit the communications you receive from us through your account settings feature within the Services. Even if you opt of receiving marketing related messages, we will continue to send messages regarding the administration of the Services.
  7. Correcting, Updating or Deleting Your Personal Information. You can correct, update or delete some of your Personal Information by re-registering and/or editing your profile via the Services. We will use commercially reasonable efforts to honor requests to delete personal information. We may retain an archived copy of your records as required by law or for legitimate business purposes.
  8. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.
  9. Questions and Feedback. We welcome your questions, comments, complaints and concerns about this Site, the Services, this Privacy Policy and/or our privacy practices regarding information we collect from users of the Site and Services. If you would like to report any security violations to us, or otherwise have any feedback or questions pertaining to our Site, Services and/or Privacy Policy please contact us at: info@axios.com, or Axios Media Inc., 3100 Clarendon Boulevard, Suite 200, Arlington VA 22201.

Terms Of Use

Last revised on November 30, 2016

Thank you for visiting axios.com, a media destination for news and information. AXIOS Media Inc. (“AXIOS Media”, “we”, “us” and “our”) operates websites (each a “Site”) and services made available through the Sites (collectively, the Site and such services, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services whether you are simply a “Visitor” (which means you are just browsing the Services) or an “Authorized User”, which means you have registered to use them. Collectively, Visitors and Authorized Users are referred to as “Users” or individually as a “User” or “you”. By accessing or using the Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). you may not access or use the Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.

These terms require the use of arbitration to resolve disputes and limit the remedies available to you in the event of a dispute as set forth in section 8.

  1. Registration

    1. Registering Your Account. In order to access certain features of the Services, you may be required to become an Authorized User. An “Authorized User” is a user who has registered an account on the Services (“Account”), or has a valid account on a social networking service (“SNS”) through which the user has connected to the Services (each such account, a “SNS Account”).
    2. Access Through a SNS. If you access the Site through an SNS, you may link your Account with SNS Accounts by allowing us to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to grant AXIOS Media access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating us to pay any fees or making AXIOS Media subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your SNS Accounts at any time by [accessing the “Settings” section of the Site]. YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS. 
    3. Registration Data. In registering an Account on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are of legal age to form a binding contract and not a person barred from using the Site under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify AXIOS Media immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or AXIOS Media has reasonable grounds to suspect as much, AXIOS Media has the right to suspend or terminate your Account and refuse any and all current or future use of the Site. You agree not to create an Account on behalf of someone other than yourself or if you have been previously removed by AXIOS Media.
    4. Your Account. You have no ownership or other property interest in your Account, and all rights in and to your Account are and will forever be owned by and inure to the benefit of AXIOS Media.
  2. Access to the Site

    1. License. AXIOS Media grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own personal, noncommercial use. You acknowledge and agree that AXIOS Media will have no obligation to provide you with any support or maintenance in connection with the Site.
    2. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any content displayed on the Site; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you will not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or addition to the Site’s functionality will be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
    3. Modification. AXIOS Media reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice. You agree that AXIOS Media will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
    4. Ownership. All IP rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by AXIOS Media or AXIOS Media’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such IP rights, except for the limited access rights set forth in Section 2.1. AXIOS Media and its suppliers reserve all rights not granted in these Terms. 
  3. Indemnification. You agree to indemnify and hold AXIOS Media (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. AXIOS Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without AXIOS Media’s prior written consent. AXIOS Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  4. Third-Party Links; Release

    1. Third-Party Links. The Site may contain links to third-party websites and services and/or display advertisements for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links. We provide access to these Third-Party Links only as a convenience to you, and we do not review, approve, endorse, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and when you click on any of the Third-Party Links, the applicable third party’s terms apply, including the third party’s privacy and data gathering practices. 
    2. Release. You release and forever discharge the AXIOS Media (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  5. Disclaimers

    THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND AXIOS MEDIA (AND OUR SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

  6. Limitation on Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AXIOS MEDIA (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF AXIOS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  7. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion. AXIOS Media will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2-2.4, 3 -8.

  8. General

    1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    2. Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

      1. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and AXIOS Media and our employees, agents, successors, or assigns, regarding or relating to the Site or these Terms will exclusively be settled through binding and confidential arbitration.
      2. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
      3. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
      4. You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator will honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award will be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
      5. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in Arlington, Virginia Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Arlington, Virginia in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Arlington, Virginia for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.
      6. With the exception of subparts (1) and (2) in Section 8.2(d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in Section 8.2(d) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Arlington, Virginia.
      7. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination will not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and will not be effective as to any claim of which you provided AXIOS Media with written notice prior to the date of termination.
      8. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
      9. Any and all controversies, disputes, demands, counts, claims, or causes of action between you and AXIOS Media and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site will exclusively be governed by the internal laws of the Commonwealth of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision will be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
    3. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from AXIOS Media, or any products utilizing such data, in violation of U.S. export laws or regulations.
    4. Disclosures. AXIOS Media is located at the address in Section 8.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    5. Electronic Communications. The communications between you and AXIOS Media use electronic means. For contractual purposes, you (a) consent to receive communications from AXIOS Media in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AXIOS Media provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    6. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to AXIOS Media is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, or otherwise transferred by you without AXIOS Media’s prior written consent, and any attempted assignment, subcontract, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms will be binding upon assignees.
    7. Copyright/Trademark Information. Copyright © 2016, VAS Media Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of third parties. You may not use these Marks without our prior written consent or the consent of such third party.
    8. Contact Information:

      AXIOS Media Inc., 3100 Clarendon Boulevard, Suite 200, Arlington, VA 22201

      Telephone: 703-291-3600

      Email: info@axios.com