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Website Terms of Use

Last Updated: November 2nd, 2022

Welcome to the website of GV Wire, LLC (“GV Wire”). GV Wire operates https://gvwire.com/ (the “Site”) and the GV Wire application (“App”).
The Site and/or the App is a source of local, state, and/or world news, where you can read articles, signup for our newsletter, watch videos, and contact us to contribute a story. The news portion of the Site is for general information, discussion and entertainment purposes only.
When you are viewing or using the Site and/or the App, you agree to the following terms and conditions (the "Terms of Use"). You can view the most current version of these Terms of Use on this page. GV Wire reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
If you do not agree to these Terms of Use or Additional Terms, you must stop using this Site.
IMPORTANT: PLEASE REVIEW THE BINDING ARBITRATION/CLASS ACTION WAIVER SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GV WIRE ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS BINDING ARBITRATION/CLASS ACTION WAIVER AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS OF USE ALSO CONTAINS RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.
THESE TERMS OF USE SET FORTH BELOW GOVERN YOUR USE OF THE GV WIRE APP AND SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND GV WIRE AND GOVERN YOUR ACCESS TO, AND USE OF, THE SITE AND THE APP. FOR THE SAKE OF CLARITY, THESE TERMS OF USE ARE BETWEEN YOU AND GV WIRE ONLY, AND NOT WITH APPLE, INC. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THE SITE, APP OR ANY INFORMATION ON OR RELATED TO THE APP.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE APP OR SITE. IF YOU ARE UNDER THE AGE 18 OR THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE APP, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS OF USE.
GENERAL TERMS AND CONDITIONS
The following Terms of Use apply to all use of this Site and/or the App by its users ("Users", “you”, “your”). By accessing or using the Site and/or the App, each User agrees to be bound by the Terms of Use. GV Wire provides the information, services, text, graphics, news, links or other material (the "Content") on this Site and/or the App to the User, conditioned on the User’s acceptance, without modification, of these Terms of Use.
The Content offered on this Site and/or the App is provided with the understanding that neither GV Wire, nor any of its affiliated entities, is engaged in rendering legal or other professional services or advice. The use of the Site and/or the App is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site and/or the App.
You may need a password to login to your account, and to use or access certain functions and areas within the Site and/or the App. You are responsible for maintaining the confidentiality of your password and account, and you agree to notify GV Wire if your password is lost, stolen, or disclosed to an unauthorized third party or is otherwise potentially compromised. You are responsible for all activities that occur under your account, and GV Wire is not responsible for any unauthorized use of your account in the event that your password is stolen or revealed to a third party. You agree to immediately notify GV Wire of any unauthorized use of your account or of any other breach of security in relation to your account that is known to you. GV Wire provides you with tools to change your password and to otherwise edit or safeguard your account on your account settings page.

ADDITIONAL TERMS
Our Privacy Policy and other agreements or notices applicable to your use of the Site and/or the App are incorporated by reference into these Terms of Use (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE SITE AND/OR THE APP, YOU ACCEPT THESE ADDITIONAL TERMS. We will make Additional Terms available for you to read through the Site and/or the App. If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Site and/or the App. If you violate the provisions of the Additional Terms, GV Wire may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Site and/or the App in whole or in part. By continuing to use the Site and/or the App, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Site and/or the App. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
APP-SPECIFIC TERMS

You will only use the App (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) or a product that runs on Android (Google’s proprietary operating system); and (ii) as permitted by applicable “Usage Rules” set forth in the Apple App Store Terms of Use or the Google Play Terms of Use.

With regard to your use of the App, you acknowledge and agree that GV Wire, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, your sole remedy is to cease all use of the App and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between GV Wire and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GV Wire, subject to these Terms of Use. You and GV Wire acknowledge that, as between GV Wire and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and GV Wire acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between GV Wire and Apple, GV Wire, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by, and subject to, these Terms of Use. You and GV Wire acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the Terms of Use and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.

DISCLAIMER
GV Wire, its affiliated companies, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site and/or the App, or any websites accessible through this Site and/or the App. While GV Wire aims to keep the Content on this Site and/or the App updated, accurate, and complete, GV Wire, its agents, and affiliated companies will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of Content of this Site and/or the App.
As mentioned above, the Content on this Site and/or the App is shared in order to provide Users with news that is for informational purposes only. The Content is not intended to constitute a solicitation or an offer.
THE SITE AND/OR THE APP AND ITS CONTENT ARE PROVIDED "AS IS," "WHERE IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GV WIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GV WIRE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE AND/OR THE APP WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GV WIRE, ITS AFFILIATES, AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY DIRECT DAMAGES COSTS, LOSSES, OR LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED ($100) DOLLARS, EVEN IF GV WIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, GV WIRE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LINKS TO AND FROM THIS SITE AND/OR THE APP
GV Wire does not have and shall not be liable for the accuracy or availability of information provided by websites which are linked to the Site and/or the App. Links to external websites are provided as a convenience to Users and do not constitute an endorsement by GV Wire of such websites or the conduct, products, advertising, or other materials presented on such websites, including any changes or updates thereto.

INTELLECTUAL PROPERTY
GV Wire maintains this Site and/or the App as a convenience to Users and its use is a privilege to the User. Access and use of this Site and/or the App is subject to these Terms of Use and to all applicable laws regulating the Internet and those relating to the use of information. The use of this Site and/or the App is also subject to all applicable laws involving copyrighted materials and intellectual property.
GV Wire’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of GV Wire or its affiliates or licensors. You must not use such marks without the prior written permission of GV Wire. All other names, logos, product and service names, designs and slogans on this Site and/or the App are the trademarks of their respective owners. Unless otherwise specified in these Terms of Use, all information and screens appearing on this Site and/or the App, including documents, services, Site and/or the App design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of GV Wire, © 2022. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

UNSOLICITED IDEA SUBMISSION POLICY
GV Wire, its employees and its agents do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content, designs, product designs or the like, advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (collectively, all of the foregoing "Submissions"). Please do not send or provide any Submissions in any form without limitation to GV Wire or any of its employees or affiliates online, via mail, courier, email, phone, social media platforms or any other electronic communication, in person, to our registered agent, or at any of our offices, industry events, trade shows, or any other means of communication or locations for GV Wire and its employees, affiliates or its agents.
The purpose of this policy is to avoid all potential misunderstandings or disputes when GV Wire designs, products, product designs, services, technologies, advertising, promotions, marketing strategies or content might seem similar to Submissions provided to GV Wire. If, despite our request that you not send GV Wire your Submissions, you still submit them, then regardless of what you or your correspondence states, the following terms will apply to your Submissions.
Terms of Idea Submission. You agree that: (1) you hereby grant GV Wire and its affiliates an exclusive, royalty-free, irrevocable, fully paid-up, transferrable, sublicensable, worldwide, perpetual license to your Submissions and their contents, without any compensation and/or reference to you; (2) GV Wire will be free to use, copy, display, perform, redistribute, create derivative works or disclose the Submissions and their contents for any purpose and in any way on an unrestricted basis without any compensation and/or reference to you; (3) there is no obligation for GV Wire to review the Submissions; (4) there is no obligation to keep any Submissions confidential; (5) your Submissions will expressly be deemed to be non-confidential and not proprietary; and (6) GV Wire has no obligation to you, including, but not limited to responding, reviewing, acknowledging, replying, or returning any materials arising out of or related to the Submissions.

BINDING ARBITRATION / CLASS ACTION WAIVER
Dispute Resolution. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and GV Wire expressly agree and intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, “Claim(s)” means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including without limitation consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Site and/or the App, including without limitation any and all Contents and software related thereto, and/or (ii) your use of the Site and/or the App and of your account.
Informal Resolution of Disputes and Excluded Disputes. If any Claim arises out of or relates to the Site and/or the App or these Terms of Use, other than as may be provided herein, then you and GV Wire agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. GV Wire notice to you will be sent to you based on the most recent contact information that you provide GV Wire. If no such information exists or if such information is not current, GV Wire has no obligation under this Section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and GV Wire will engage in a dialog to attempt to resolve the Claim, though nothing will require either you or GV Wire to resolve the Claim on terms with respect to which you and GV Wire, in each of our sole discretion, are not comfortable.
Binding Arbitration. If you and GV Wire cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then you agree that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to any Claim that all or any part of these Terms of Use are void or voidable, or whether a Claim is subject to arbitration relating to your use of the Site and/or the App, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, you and GV Wire agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or disputes arising between you and GV Wire regarding these Terms of Use and the Site and/or the App, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of these Terms of Use as a court would. THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF YOUR ACCOUNT OR THE SITE OR THE APP.
Initiating Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to GV Wire at 1306 West Herndon Avenue, Suite 101, Fresno, CA 93711. The arbitration will be conducted by AAA in accordance with the AAA Streamlined Three-Arbitrator Panel Option in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by AAA's rules. The arbitration shall take place in Fresno, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain AAA procedures, rules, and fee information as follows: AAA: 800.778.7879 and https://www.adr.org/.
Fees. You and GV Wire will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require GV Wire to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then GV Wire will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit you to recover attorneys’ fees. GV Wire will not seek to recover attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Class Action Waiver. YOU AND GV WIRE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and GV Wire each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638.
Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, you or GV Wire may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or GV Wire may also seek relief in small claims court for Claims within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to you or to a particular Claim, either as a result of your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Fresno County, California. You and GV Wire agree to submit to the personal jurisdiction of the courts located within Fresno County, California for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use or your use of the Site and/or the App in the event that the arbitration provisions are found not to apply. In such a case, should GV Wire prevail in litigation against you to enforce its rights under the Terms of Use, GV Wire shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which GV Wire may be entitled.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR GV WIRE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR GV WIRE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. “Commencing” means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with AAA as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by GV Wire to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Site and/or the App and/or intellectual property rights of GV Wire.
Your Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to: [Email] with the subject line “GV Wire ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Site and/or the App, otherwise you shall be bound to arbitrate any disputes in accordance with the terms of these Terms of Use providing for binding arbitration. If you opt-out of these arbitration provisions, GV Wire also will not be bound by them.

TERM AND TERMINATION
These Terms of Use will continue to apply to you until terminated by either you or GV Wire. GV WIRE MAY TERMINATE THESE TERMS OF USE OR SUSPEND YOUR ACCESS TO THE SITE AND/OR THE APP AT ANY TIME, INCLUDING IN THE EVENT OF YOUR ACTUAL OR SUSPECTED UNAUTHORIZED USE OF THE SITE AND/OR THE APP OR NON-COMPLIANCE WITH THE TERMS OF USE, OR IF WE WITHDRAW THE SITE AND/OR THE APP OR ANY CONTENT CONTAINED THEREIN. If you or GV Wire terminates these Terms of Use, or if we suspend your access to the Site and/or the App, you agree that GV Wire shall have no liability or responsibility to you, and that GV Wire will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate these Terms of Use at any time. To learn how to terminate your GV Wire account, please [see link or contact us at [Email]. This section will be enforced to the fullest extent permissible by applicable law.
Any sections of these Terms of Use, including but not limited to ‘Intellectual Property’, ‘Disclaimers’, ‘Limitation of Liability’, ‘Binding Arbitration; Class Action Waiver’, that either explicitly or by their nature, must remain in effect even after termination of these Terms of Use, shall survive termination.

WAIVER AND SEVERABILITY
No waiver of by GV Wire of any term or condition set forth in these Terms of Use 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 GV Wire to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court, arbitration body 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 of Use will continue in full force and effect.

ENTIRE AGREEMENT
The Terms of Use, Additional Terms and our Privacy Policy constitute the sole and entire agreement between you and GV Wire with respect to the Site and/or the App.

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