Terms & Conditions

TERMS & CONDITIONS

Version 1.0
Effective September 29, 2026

IMPORTANT: THESE TERMS & CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET OUT BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, UNLESS YOU OPT OUT AS DESCRIBED IN THAT PROVISION. THIS MEANS YOU AND WE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY.

Acceptance of the Terms & Conditions

These Terms & Conditions are entered into by and between you and Montague Jetson, LLC, a Delaware limited liability company operating under the assumed name of the Chattanooga Times Free Press (the “Times Free Press”, “we”, “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (the “Terms & Conditions”), govern your access to and use of our digital products, including the website located at https://www.timesfreepress.com, our mobile applications, our e-Edition, and any Apple iPad provided to qualifying subscribers as part of a paid subscription (collectively, the “Digital Products”), including any content, functionality and services offered on or through the Digital Products, whether as a visitor, a registered user or a paid subscriber.

Please read these Terms & Conditions carefully before you start to use the Digital Products. By using the Digital Products or by clicking to accept or agree to these Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy, found at https://www.timesfreepress.com/privacy-policy/, incorporated into these Terms & Conditions by reference. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must exit all of the Digital Products and discontinue your use of them.

The Digital Products are not directed to children under 13 years of age, and children under 13 may not use the Digital Products or register as Members. If you are between 13 and 18 years of age, you may use the Digital Products only with the consent of your parent or guardian, and you and your parent or guardian must review these Terms & Conditions together. Parents and guardians are jointly and severally liable for all acts and omissions of their children under 18 years of age when using the Digital Products. By using the Digital Products, you represent and warrant that (a) you meet these eligibility requirements and either are of legal age to form a binding contract with the Times Free Press or have the consent of a parent or guardian who agrees to these Terms & Conditions on your behalf, and (b) if you are an employee of or otherwise represent a company that is a customer of the Times Free Press, you have the authority to access the Digital Products and that your employer agrees to be bound by these Terms & Conditions. If you do not meet all of these requirements, you must not access or use the Digital Products.

Changes to the Terms & Conditions

We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Digital Products thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law; Arbitration Agreement and Class Action Waiver will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Digital Products.

Your continued use of the Digital Products following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page when you access the Digital Products so you are aware of any changes, as they are binding on you.

Accessing the Digital Products and Account Security

We reserve the right to withdraw or amend these Digital Products, and any service or material we provide on the Digital Products, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Products are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Digital Products, or the entire Digital Products, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Digital Products.
Ensuring that all persons who access the Digital Products through your internet connection are aware of these Terms & Conditions and comply with them.
Ensuring that each and every user reviews the Terms & Conditions each time a user accesses the Digital Products so that they are aware of the Terms & Conditions and of any revisions, amendments, or modifications to the Terms & Conditions.

To access the Digital Products or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Digital Products that all the information you provide on the Digital Products is correct, current and complete. You agree that all information you provide to register with these Digital Products or otherwise, including but not limited to through the use of any interactive features on the Digital Products, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Digital Products or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.

Membership and Registration

Certain areas of the Digital Products may require registration or may otherwise ask you to provide information in order to participate in certain features or access certain Content, even if you are not a paid subscriber (a “Member”). The decision to provide this information is purely optional; however, if you elect not to provide it, you may not be able to access certain Content or features or participate in various Interactive Services. You may also provide information in other contexts, including in order to enter a sweepstakes or promotion. When you become a Member, or when you provide information in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited, except in those specific areas of the Digital Products that specifically ask for unique, fictitious names. You agree that we may use the information you provide to us in accordance with our Privacy Policy.

If you become a Member, you agree to accept responsibility for all activities that occur under your account or password, and you agree that you will not sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer and the Digital Products so that others may not access the Digital Products using your name in whole or in part. We reserve the right to terminate your Membership and deny access to the Digital Products to any person who violates these Terms & Conditions.

iPad Program

We may, in our discretion, make available an Apple iPad (“iPad”) to qualifying subscribers for the purpose of viewing or using the Content on or through the Digital Products, in accordance with these Terms & Conditions, as part of a paid subscription (the “iPad Program”). We do not guarantee availability of any particular device model or configuration. Unless expressly stated otherwise in a separate written agreement signed by us, title to the iPad remains with us at all times. Risk of loss and responsibility for the iPad transfers to you upon delivery to the address you designate or upon pickup, as applicable, and remains with you until the iPad is returned to us in accordance with our return instructions. You are responsible for any loss, theft, damage or destruction of the iPad while it is in your possession or control.

You are solely responsible for the use, care, storage and security of the iPad. You agree to: (a) use the iPad in accordance with all applicable laws and regulations; (b) employ reasonable security measures with regard to your use of the iPad; and (c) not use the iPad in any manner that is unsafe or unlawful. You remain responsible for all uses of the iPad. You must promptly notify us of any loss, theft, damage or suspected compromise of the iPad. We are not obligated to deploy security settings on the iPad to promote device security.

We have no obligation to provide technical support, maintenance, repair, replacement, upgrades, accessories or peripherals for the iPad. Apple Inc.’s current practice is to discontinue updates and support for iPads after a certain amount of time. If Apple no longer supports the iPad we provided to you with software and security updates or support, you acknowledge that your continued use of the unsupported iPad is at your sole risk. You remain responsible for all third-party services, applications, software licenses, connectivity, data plans and charges associated with your use of the iPad. You acknowledge that your use of applications, software, websites, third-party services and content, including Content owned by us, our licensors and suppliers, accessed via the iPad is at your sole risk. We have no obligation to recover or restore data, and we are not liable for any loss, corruption, disclosure or compromise of data. If you conduct transactions or purchase goods or services on the iPad, including on iPads that Apple no longer supports, you do so at your sole risk.

We may terminate, suspend or modify the iPad Program at any time without notice. Upon termination of your subscription or upon our request, you must return the iPad to us in good working condition, ordinary wear and tear excepted, within 30 days following our return instructions. Failure to return the iPad within 30 days and in the required condition will result in a charge of up to $500.00, depending on the age of the iPad and how long you have had the iPad pursuant to the iPad Program. You acknowledge and authorize us to charge your credit or debit card or financial institution for your failure to return the iPad within the 30 days and in the required condition. Before returning the iPad, you are responsible for backing up any data you wish to keep and removing all personal data and accounts from the device, and we are not responsible for any data remaining on a returned iPad.

Intellectual Property Rights

The Digital Products and the content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that we provide, are owned by the Times Free Press, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

For purposes of these Terms & Conditions, all of the information, content, services and software displayed on, transmitted through, or used in connection with the Digital Products, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and any similar material (collectively, the “Content”), as well as its selection and arrangement, is owned by us, our licensors and suppliers. We actively protect our rights to the Content to the fullest extent of the law. You may not use the Content except as provided in these Terms & Conditions.

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any article for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet website or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without our written consent.

Requests to use the Content for any purpose other than as permitted in this section should be directed to us at legal@timesfreepress.com. In certain cases, you may be able to obtain a license to use individual stories that appear on the Digital Products through a third-party vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third-party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.

These Terms & Conditions permit you to use the Digital Products for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Digital Products, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes;
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications; and,
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Digital Products or services provided by the Times Free Press;
Interfere, damage, disrupt, disable, impair, create undue burden on, gain or attempt to gain unauthorized access to the Times Free Press’s services and intellectual property, including servers, networks and accounts;
Delete or revise information provided by or pertaining to other users without authorization;
Use systems and/or technology that collect and disseminate usernames, passwords, email addresses, or other data from the Times Free Press or that circumvent or modify security technology and software used by the Times Free Press; and,
Post, upload or otherwise transmit an image, video, or content of another person(s) without the person(s)’ consent.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Digital Products in breach of the Terms & Conditions, your right to use the Digital Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Digital Products not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.

Trademarks

The Times Free Press name, images, and intellectual property, including all related names, logos, product and service names, designs and slogans are trademarks of the Times Free Press, its affiliates or licensors. You must not use such marks without the prior written permission of their respective owner(s). Apple and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Inc. is not a participant in or sponsor of the iPad Program.

Prohibited Uses

You may use the Digital Products only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Digital Products:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with any Content Standards set out in these Terms & Conditions;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
To impersonate or attempt to impersonate the Times Free Press, a Times Free Press employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and,
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Digital Products, or which, as determined by us, may harm the Times Free Press or users of the Digital Products or expose them to liability.

Additionally, you agree not to:

Use the Digital Products in any manner that could disable, overburden, damage, or impair the Digital Products or interfere with any other party’s use of the Digital Products, including their ability to engage in real time activities through the Digital Products;
Use any robot, spider or other automatic device, process or means to access the Digital Products for any purpose, including monitoring or copying any of the material on the Digital Products;
Use any manual process to monitor or copy any of the material on the Digital Products or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Digital Products;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Products, the server on which the Digital Products is stored, or any server, computer or database connected to the Digital Products;
Attack the Digital Products via a denial-of-service attack or a distributed denial-of-service attack;
Engage in any form of commercial activity (i.e. advertisements, solicitations of business, sweepstakes) through or using the Times Free Press Digital Products without first obtaining the written consent of the Times Free Press;
Use the Content for the development of any software program, whether or not used for the purpose of competing with us, including without limitation training, fine-tuning, testing, grounding or improving any artificial intelligence or machine learning product, model, dataset or service, or using the Content as an input to any such product or service, including through retrieval-augmented generation;
Use any computer program, bot, robot, spider, offline reader, website search or retrieval application, or other manual or automatic device, tool or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure or presentation of the Content;
Insert any code or product, or manipulate the Content, in any way that affects another user’s experience of the Digital Products;
Collect or track the personal information of others, or submit false or misleading information;
Harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; and,
Attempt to interfere with the proper working of the Digital Products.

WARNING: A VIOLATION OF THE FOREGOING PROHIBITED USES OR OF THE POSTING RULES SET OUT IN THESE TERMS & CONDITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES AND MAY RESULT IN CIVIL, CRIMINAL AND/OR ADMINISTRATIVE PENALTIES, FINES OR SANCTIONS AGAINST YOU AND THOSE ASSISTING YOU.

User Contributions

The Digital Products may (or may not) contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, streams, reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Digital Products.

All User Contributions must comply with the Content Standards set out in these Terms & Conditions.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have all legal rights necessary to post User Contributions to the Digital Products.
All of your User Contributions do and will comply with these Terms & Conditions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Times Free Press, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Digital Products.

By uploading, posting, sending, submitting or placing material or content, or communicating with us on or through the Interactive Services, including for example communication during registration, communication on any of our comment areas, message boards, forums or chat areas, posting any resume, video or photograph, or entering any sweepstakes, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms & Conditions, and that it will not cause injury to any person or entity. You grant us, including for use on the Digital Products, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from your User Contributions, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the preceding sentence, you authorize us to include the information you provide in a searchable format that may be accessed by users of the Digital Products. You also grant us the right to use your name and any other information about you that you provide in connection with our use and with the reproduction or distribution of such material, including in the Interactive Services, and you grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including developing, manufacturing and marketing products using such information. All rights granted in this paragraph are granted without the need for additional compensation of any sort to you. We are not responsible for the similarity of any content or programming in any media to materials or ideas transmitted to the Digital Products.

The Interactive Services are provided to give you and other users a forum to express opinions and share ideas and information. Given the nature of the Digital Products and the volume of messages and postings, we cannot always monitor all of the material posted or transmitted by you, other users and third-party information providers. To protect your safety, please use your best judgment when using the Interactive Services. We particularly discourage divulging personal telephone numbers and addresses or other information that can be used to identify or locate you. We reserve the right to delete, move or edit any communication at any time, for any reason or in our discretion, but we have no obligation to review or remove any such content.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Digital Products or the public or could create liability for the Times Free Press.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Products.
Terminate or suspend your access to all or part of the Digital Products for any or no reason, including without limitation, any violation of these Terms & Conditions.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Products.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS THE TIMES FREE PRESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE TIMES FREE PRESS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE TIMES FREE PRESS OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review all material before it is posted on the Digital Products, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The Times Free Press respects the intellectual property rights of others and requires users to do the same. The Times Free Press has a policy that provides for the termination, in appropriate circumstances, of the accounts and access rights of subscribers, users and account holders who are repeat infringers. The Times Free Press reserves the right to remove or disable access to any transmissions and content that infringes on the intellectual property rights of another and upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3).

Copyright Complaints

We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please send notice (the “Notice”) to our Copyright Agent, as directed below. You agree that to be effective, the Notice must include all of the following information: (a) a physical or electronic signature of the exclusive copyright owner or person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Digital Products; (d) your address, telephone number and email address, and all other information reasonably sufficient to permit us to contact you or your authorized agent; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the preceding information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated agent to receive notifications of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), 17 U.S.C. § 512(c)(2), is the Legal Department of Firecrown Media Inc., acting on behalf of Montague Jetson, LLC d/b/a Chattanooga Times Free Press (our “Copyright Agent”). The Copyright Agent may be reached by telephone at (423) 330-1480 or by mail or email at:

ATTN: Copyright Agent, Firecrown Media Inc. Legal Department

c/o Chattanooga Times Free Press

405 Cherry Street

Chattanooga, TN 37402

Email: legal@timesfreepress.com

If you believe that any content or materials you uploaded, posted or submitted to the Digital Products were subsequently removed from the Digital Products, or that access to them was disabled, and that the removal or disabling was improper, please provide the following counter-notification (the “Counter-Notification”) to our Copyright Agent at the address above. You agree that to be effective, the Counter-Notification must include all of the following information: (a) your physical or electronic signature; (b) a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who provided notification of the alleged infringement.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe upon any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate or attempt to impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Contain epithets or slurs, text or illustrations in poor taste, or inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
Contain gross exaggeration or unsubstantiated claims, or tend to mislead or reflect unfairly on any other person, business or entity.
Advertise, promote or offer to trade any goods or services, except in areas specifically designated for that purpose.
Use or attempt to use another person’s account, password, service or system except as expressly permitted by these Terms & Conditions.
Repeat prior postings of the same message under multiple threads or subjects, or send repeated messages directed at another user or make derogatory or offensive comments about another user.

Feedback

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit, or offer to us in connection with your use of the Digital Products, other than User Contributions (collectively, “Comments”) will become our exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title, and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

Reliance on Information Posted

The Digital Products may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Times Free Press, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Times Free Press. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Digital Products and Social Media Features

You may link to our homepage or to individual articles on the Digital Products, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Digital Products may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on these Digital Products.
Send e-mails or other communications with certain content, or links to certain content, on these Digital Products.
Cause limited portions of content on these Digital Products to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Cause the Digital Products or portions of them to be displayed, or appear to be displayed by, for example, framing or in-line linking, on any other site.
Otherwise take any action with respect to the materials on these Digital Products that is inconsistent with any other provision of these Terms & Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Digital Products

If the Digital Products contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to these Digital Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

SMS Communication

If you provide your telephone number to us and separately opt in to receive text messages, you agree to receive text messages from us through your wireless provider regarding offers from us or other information. Consent to receive marketing text messages is not a condition of any purchase or subscription. If you do not wish to receive text messages from us, you may reply “STOP” to any text message you receive or notify us by any other reasonable means. Opting out of marketing text messages will not affect your subscription. If you are experiencing any issues with accessing the Digital Products, you may reply “HELP” to any text message you receive. Message frequency varies, and message, data and wireless rates may apply. We are not responsible for any SMS messaging, data or wireless charges incurred by you or any person accessing your telephone number. If you have questions regarding your message, data or wireless plan, please contact your wireless provider. If you have questions about privacy, please review our Privacy Policy.

Communications with Third Parties Through the Digital Products

Your dealings or communications through the Digital Products with any party other than us are solely between you and that third party. For example, certain areas of the Digital Products may allow you to conduct transactions or purchase goods or services through third parties and vendors. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will we be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices, including its privacy policy, and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to transactions with third parties and vendors should be forwarded directly to the third party or vendor.

Geographic Restrictions

The owner of the Digital Products is based in the state of Tennessee in the United States. We make no claims that the Digital Products or any of its content is accessible or appropriate outside of the United States. The Digital Products may not be accessed by individuals whose nationality is that of countries that are subject to a United States trade embargo. By using the Digital Products, you represent and warrant to the Times Free Press that you are not in one of the embargoed countries. You also represent and warrant that you are not otherwise barred by law to access the Digital Products. If you access the Digital Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

The Digital Products are controlled, operated and administered by us from our offices within the United States. We make no representation that materials or Content available through the Digital Products are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Digital Products or export the Content in violation of U.S. export laws and regulations. If you access the Digital Products from a location outside the United States, you are responsible for compliance with all local laws.

Disclaimer of Warranties

Except for and subject to any warranties expressly stated by the Times Free Press in any other documentation or agreement that applies, directly or indirectly to you or for your benefit, this “Disclaimer of Warranties” Section shall apply. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Digital Products will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE DIGITAL PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PRODUCTS IS AT YOUR OWN RISK. THE DIGITAL PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE TIMES FREE PRESS NOR ANY PERSON ASSOCIATED WITH THE TIMES FREE PRESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DIGITAL PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE TIMES FREE PRESS NOR ANYONE ASSOCIATED WITH THE TIMES FREE PRESS REPRESENTS OR WARRANTS THAT THE DIGITAL PRODUCTS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DIGITAL PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE TIMES FREE PRESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE TIMES FREE PRESS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL PRODUCTS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE DIGITAL PRODUCTS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PRODUCTS OR SUCH OTHER WEBSITES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL THE TIMES FREE PRESS, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE DIGITAL PRODUCTS IN EXCESS OF THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY AND (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.

Indemnification

You agree to defend, indemnify and hold harmless the Times Free Press, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Digital Products, including, but not limited to, your User Contributions, any use of the Digital Products’ content, services and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Digital Products.

Without limiting the foregoing, you agree to indemnify, defend and hold harmless the Times Free Press and each of its respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents from any and all claims, including claims for defamation, trade disparagement, privacy and intellectual property infringement, and damages, including attorneys’ fees and court costs, arising from or relating to any allegation regarding: (a) your use of the Digital Products; (b) our use of any content or information you provide, so long as our use is not inconsistent with these Terms & Conditions; (c) information or material posted or transmitted through your Membership account, even if not posted by you, unless it was posted through unauthorized access to your account that did not result from your failure to safeguard your login credentials; (d) your possession, use, misuse or failure to safeguard an iPad provided under the iPad Program; (e) any claims by third parties arising from or related to your use of such iPad; and (f) any violation of these Terms & Conditions by you.

Governing Law; Arbitration Agreement and Class Action Waiver

All matters relating to the Digital Products and these Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee, U.S.A. without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

IMPORTANT NOTICE, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS, YOU AGREE THAT ALL DISPUTES BETWEEN US, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR AS OTHERWISE PROVIDED BELOW, AND UNLESS YOU OPT OUT AS DESCRIBED BELOW, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING, INDIVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOUR AGREEMENT TO ARBITRATION MEANS THAT, FOR ALL COVERED CLAIMS, YOU AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS, THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND THAT YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT, AND OTHER RIGHTS IN COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. THIS PARAGRAPH, TOGETHER WITH THE FOLLOWING PROVISIONS OF THIS SECTION GOVERNING ARBITRATION, IS REFERRED TO AS THE “ARBITRATION AGREEMENT” IN THESE TERMS & CONDITIONS.

The Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this Arbitration Agreement. If the FAA is found not to apply to any portion of this Arbitration Agreement, then the Tennessee Uniform Arbitration Act shall govern that portion of this Arbitration Agreement. All provisions of this Arbitration Agreement will survive termination of these Terms & Conditions. If any provision of this Arbitration Agreement is held invalid or unenforceable as to a particular claim or dispute, then such provision shall be severed from these Terms & Conditions, and the remainder of these Terms & Conditions shall be enforceable to the maximum extent permitted by law.

Informal Dispute Resolution. Before initiating arbitration, the party asserting a claim must first send the other party a written notice describing the nature and basis of the claim and the relief sought (a “Dispute Notice”). Dispute Notices to us must be sent to ATTN: Legal Department, Chattanooga Times Free Press, 405 Cherry Street, Chattanooga, TN 37402, or to legal@timesfreepress.com. You and we agree to negotiate in good faith for 60 days after the Dispute Notice is received before either party initiates arbitration, and any applicable limitations period will be tolled during that 60-day period.

Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Arbitration Agreement, and will be conducted before a single arbitrator. The arbitration will take place in Hamilton County, Tennessee, or, at your election, in the county in which you reside or by video conference. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules. The arbitrator may award the same individual relief that a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Mass Arbitration. If 25 or more similar Dispute Notices or demands for arbitration are submitted against us by or with the assistance of the same or coordinated counsel or organizations, the claims will be administered in batches under the AAA’s applicable rules for mass or multiple case filings, and you and we agree to cooperate in good faith to implement a batch approach that streamlines resolution and reduces costs.

Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of that party’s copyrights, trademarks, trade secrets or other intellectual property rights, including the unauthorized scraping, crawling or copying of the Content.

Class Action Waiver. Notwithstanding the preceding severability provision, if the prohibition on class, collective or representative proceedings is found to be unenforceable as to any claim, then that claim (and only that claim) must be severed from arbitration and brought in the courts identified below, and the arbitration of any remaining claims will proceed on an individual basis.

Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice of your decision to legal@timesfreepress.com within 30 days after the later of (a) the date you first accept these Terms & Conditions and (b) the date we post any material change to this Arbitration Agreement; an opt-out following a change applies only to the changed provisions and to disputes arising after the change is posted. Your notice must include your name, mailing address and the email address associated with your account, if any, and must be sent by you personally; opt-out notices submitted on behalf of multiple users, or by an agent, attorney or other third party on your behalf, are not effective. If you opt out, the remainder of these Terms & Conditions will continue to apply to you.

Subject to the Arbitration Agreement set forth above, any legal suit, action or proceeding arising out of, or related to, these Terms & Conditions or the Digital Products shall be instituted exclusively in the federal courts of the United States or in the state courts of the State of Tennessee with each case located in the City of Chattanooga, Tennessee and County of Hamilton. You irrevocably waive, to the fullest extent permitted by law, any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including without limitation, objections or assertions based upon the doctrine of forum non conveniens.

Waiver and Severability

No waiver by the Times Free Press of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Times Free Press to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

Entire Agreement

The Terms & Conditions and our Privacy Policy and any additional terms we expressly incorporate by reference or that you accept in connection with a paid subscription constitute the sole and entire agreement between you and the Times Free Press with respect to the Digital Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Digital Products.

Miscellaneous

We may modify, suspend, discontinue or restrict the use of any portion of the Digital Products, including the availability of any portion of the Content, at any time, without notice or liability. We may deny access to you at any time for any reason. In addition, we may at any time transfer our rights and obligations under these Terms & Conditions to any parent, affiliate, related entity, subsidiary or business unit of the Times Free Press, or to any entity that acquires any or all of the Digital Products or any of our assets. The section titles used in these Terms & Conditions are purely for convenience and carry with them no legal or contractual effect.

In the event of termination of these Terms & Conditions for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of the Content, the licenses you have granted to us, the Disclaimer of Warranties and Limitation on Liability provisions, the Indemnification provision, the Arbitration Agreement, and all other provisions for which survival is equitable or appropriate.

Contact Us

All feedback, comments, requests for technical support and other communications relating to the Digital Products should be directed to news@timesfreepress.com or to the address below:

Chattanooga Times Free Press

405 Cherry Street

Chattanooga, TN 37402

Permissions

REPRINT PERMISSION: To request permission to republish information, please contact us at legal@timesfreepress.com. PHOTO REPRINTS: To order reprints of news photos for personal use, please contact us at legal@timesfreepress.com.

WEBSITE LINKS: Permission is hereby granted to creators of websites to provide plain-text links to the website of the Times Free Press, https://www.timesfreepress.com.

Wire Service

The following provision applies to all visitors, which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content. By accessing the Digital Products, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and noncommercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third-party beneficiary of these Terms & Conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.