Effective Date: 07-09-15
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In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
You and Tri-City Herald agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service, Tri-CityHerald.com, any subscription to Tri-City Herald or Tri-CityHerald.com or any other aspect of our relationship ("Subject Legal Claim").
In an attempt to find the quickest and most efficient resolution of our issues, you and Tri-City Herald agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Tri-City Herald, 333 West Canal Drive, Kennewick, WA 99336, 509-582-1500 Attn: Unresolved Customer Issue. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Tri-City Herald agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (i) either party may pursue in small claims court any action that is within that court's jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
To help resolve any issues between us promptly and directly, you and Tri-City Herald agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and Tri-City Herald also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Sacramento, California. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under, the Federal Arbitration Act.
You may download a form Notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Tri-City Herald, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Tri-City Herald reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Tri-City Herald's favor, it will not seek reimbursement of our attorney's fees, regardless of who initiated the arbitration.
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Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
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Tri-City Herald, 333 West Canal Drive, Kennewick, WA 99336, 509-582-1500.
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