Update Politico Terms of Service

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Politico/Terms of Service.md

@@ -287,7 +287,7 @@ UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE
 
 **Please read the following section carefully. It requires you to arbitrate disputes with POLITICO LLC and limits the manner in which you can seek relief from us.**  
 (a) **Scope of Arbitration Agreement. You agree that any dispute or claim against POLITICO LLC, or its affiliates, subsidiaries, owners, officers, directors, employees, agents or representatives relating in any way to your access or use of the Site, to any products or services sold or distributed through the Site, or to any other aspect of your relationship with POLITICO LLC will be resolved by binding arbitration, rather than in court,** except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the POLITICO LLC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  
-(b) **Initial Dispute Resolution**. Most disputes can be resolved without resort to litigation. You can reach POLITICO LLC’s support department at [\[email protected\]](https://www.politico.com/cdn-cgi/l/email-protection) Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the POLITICO LLC support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.  
+(b) **Initial Dispute Resolution**. Most disputes can be resolved without resort to litigation. You can reach POLITICO LLC’s support department at le[\[email protected\]](https://www.politico.com/cdn-cgi/l/email-protection) Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the POLITICO LLC support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.  
 (c) **Arbitration Rules and Forum.** You and POLITICO LLC agree that these Terms affect interstate commerce, and this Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company, Corporation Trust Center 1209 Orange Street, Wilmington, New Castle County, Delaware 19801. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of these Terms. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at [http://www.jamsadr.com/rules-streamlined-arbitration/](http://www.jamsadr.com/rules-streamlined-arbitration/); all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at [http://www.jamsadr.com/rules-comprehensive-arbitration/](http://www.jamsadr.com/rules-comprehensive-arbitration/). JAMS’s rules are also available at [www.jamsadr.com](http://www.jamsadr.com/) (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. Where required by law, POLITICO LLC will pay your JAMS’ filing, administrative, hearing, and/or other fees, subject to reimbursement from you if the arbitrator finds your claims frivolous. Likewise, POLITICO LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You are responsible for your own attorneys’ fees unless applicable law provides otherwise. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone and/or based on written submissions, or in person in the country where you live or at another mutually agreed location. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the Commonwealth of Virginia, United States of America. You and POLITICO LLC further agree to submit to the personal jurisdiction of any federal or state court in the Commonwealth of Virginia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.(d) **Arbitrator Powers.** The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement and these Terms including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and POLITICO LLC. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and POLITICO LLC.  
 (e) **Waiver of Jury Trial.** YOU AND POLITICO LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the POLITICO LLC are instead electing to have claims and disputes resolved by arbitration, except as specified in subsection (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  
 (f) **Waiver of Class or Consolidated Actions.** ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor POLITICO LLC is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in the section below entitled “Miscellaneous.”  
@@ -329,7 +329,7 @@ Privacy Policy
 
 This Privacy Policy discloses the privacy practices for [www.politico.com](http://www.politico.com/) (“POLITICO”), [www.politicopro.com](http://www.politicopro.com/) (“POLITICO PRO”), and any other sites that display authorized links to this policy, including all mobile websites (collectively with POLITICO and POLITICO PRO, each a “Site”) and applications (each an “Application”) associated therewith, provided by POLITICO LLC (“POLITICO LLC”, “we” or “us”). For individuals in the EU using the Site or Application, POLITICO LLC, located at 1000 Wilson Blvd, 8th Floor, Arlington, VA, 22209, is considered to be the controller of your data.
 
-This Privacy Policy governs our collection, use, and disclosure of information from and about you, including through your use of the Sites and Applications. Please read this Privacy Policy carefully so that you understand our privacy practices. By browsing a Site; installing, downloading, or using an Application; and/or providing your information to us in any other way, you understand that we will collect, use, and disclose your information in accordance with the terms of this Privacy Policy. Questions regarding privacy issues should be directed to us at [\[email protected\]](https://www.politico.com/cdn-cgi/l/email-protection#a8d8dac1dec9cbd1e8d8c7c4c1dcc1cbc786cbc7c5) or at the address above.
+This Privacy Policy governs our collection, use, and disclosure of information from and about you, including through your use of the Sites and Applications. Please read this Privacy Policy carefully so that you understand our privacy practices. By browsing a Site; installing, downloading, or using an Application; and/or providing your information to us in any other way, you understand that we will collect, use, and disclose your information in accordance with the terms of this Privacy Policy. Questions regarding privacy issues should be directed to us at [\[email protected\]](https://www.politico.com/cdn-cgi/l/email-protection#c5b5b7acb3a4a6bc85b5aaa9acb1aca6aaeba6aaa8) or at the address above.