Hooray Media

Website Visitor Agreement & Terms of Access

Version 2026-10-10-v7. Effective 2026-10-10. Archive commit 4913bf3521819ad19eb264e395b8d0a990191284. This page is the publication of legal/visitor-agreements/2026-10-10-v7.md. Document SHA-256 ea5412c549afb761bf75db3388ffee936e83a2a42213f01ce17f086617719b2b.

HOORAY MEDIA

WEBSITE VISITOR AGREEMENT & TERMS OF ACCESS

Effective Date: October 10, 2026 Publisher: Media-AMJ, LLC, doing business as Hooray Media ("Publisher") Visitor: You, the person or entity viewing or attempting to view one or more Websites, including your agents, representatives, or other persons or entities acting on your behalf. Covered Websites: tampabayparenting.com; orlando-parenting.com; tampabaydatenightguide.com; orlandodatenightguide.com (each a "Website" and collectively the "Websites").

IMPORTANT CONTRACT NOTICE. THIS AGREEMENT CONTAINS TERMS CONCERNING CONSENT TO WEBSITE TECHNOLOGIES, RELEASES OF CLAIMS, LIMITATIONS AND WAIVERS OF DAMAGES AND ATTORNEYS' FEES, INDEMNIFICATION, MANDATORY EARLY DISPUTE NOTICE AND OPPORTUNITY TO CURE, INDIVIDUAL PROCEEDINGS, AND EXCLUSIVE FLORIDA FORUM. READ IT BEFORE USING A WEBSITE.

1. THE BARGAIN: PRIVATE EDITORIAL ACCESS IN EXCHANGE FOR AGREED CONDITIONS

1.1 Nature of the Websites; Offer, Consideration, and Voluntary Choice

Publisher is the privately owned, independently operated creator, editor, and distributor of curated regional family, parenting, lifestyle, entertainment, and community content principally serving the Tampa Bay and Greater Orlando areas and West/Central Florida. Publisher's principal editorial and operational activities are centered in Florida, although contributors, contractors, servers, technology providers, and other participants may be located elsewhere.

The Websites are privately operated, discretionary, opinion-based, advertising-supported editorial publications. They are not public utilities, banking or insurance services, emergency services, governmental communications, official public-safety warning systems, essential transportation services, providers of food, housing, or medical care, or other services that a visitor must, or as a practical necessity must, use. Although the Websites may publish information concerning schools, healthcare, safety, weather, emergencies, and other important subjects, they are not designated official sources of essential services or guaranteed real-time emergency information.

IN EXCHANGE FOR PUBLISHER'S OFFER OF A LIMITED, NONEXCLUSIVE, CONDITIONAL, REVOCABLE LICENSE TO ACCESS ITS EDITORIAL CONTENT WITHOUT A GENERAL ADMISSION FEE, VISITOR ACCEPTS THE CONDITIONS OF THAT LICENSE AND THE OBLIGATIONS IN THIS AGREEMENT. These conditions include the Websites' advertising-supported operation, disclosures concerning routine website technologies and electronic communications, limitations and allocations of risk, and the dispute-resolution procedures stated below.

The parties intend this exchange of conditional access and reciprocal contractual undertakings to constitute valuable consideration, the receipt and sufficiency of which are acknowledged. Publisher incurs substantial costs in creating, acquiring, editing, maintaining, distributing, securing, and monetizing its editorial content and Websites. The absence of a general monetary admission charge does not render the offered access unconditional, eliminate the consideration exchanged, or deprive Publisher of the ability to establish lawful conditions governing access to its privately operated publications.

Publisher may withhold, restrict, suspend, or revoke the offered license in accordance with this Agreement and applicable law.

IF VISITOR IS UNWILLING TO ACCEPT THESE CONDITIONS, VISITOR MUST DECLINE THE OFFERED LICENSE AND REFRAIN FROM ACCESSING, USING, OR VIEWING THE WEBSITES.

1.2 Offer, Acceptance, Notice, and Opportunity to Review

Publisher offers Visitor a limited, conditional, revocable license to access and use the Websites in exchange for Visitor's agreement to the terms and conditions of this Website Visitor Agreement and Terms of Access (the "Agreement"), including the documents expressly incorporated herein.

VISITOR MAY ACCEPT THIS AGREEMENT BY EITHER OR BOTH OF THE FOLLOWING INDEPENDENT METHODS: (A) SELECTING "I AGREE & CONTINUE," "ACCEPT," OR AN EQUIVALENT ELECTRONIC ACCEPTANCE CHOICE; OR (B) ACCESSING, BROWSING, NAVIGATING, OR CONTINUING TO USE A WEBSITE AFTER BEING PROVIDED CONSPICUOUS NOTICE OF AND A PROMINENT LINK TO THIS AGREEMENT AND A REASONABLE OPPORTUNITY TO REVIEW IT, WHERE SUCH CONDUCT CONSTITUTES LEGALLY EFFECTIVE ASSENT UNDER APPLICABLE LAW.

Each method is intended to constitute acceptance independently of the other, to the extent legally effective. Publisher may rely upon either method, both methods, or any other legally recognized evidence of assent. Publisher intends that the Agreement be readily available, prominently disclosed, and reasonably accessible for review before or in connection with acceptance, including the documents expressly incorporated herein.

Where legally effective assent is established, acceptance applies to the Agreement in its entirety, whether Visitor actually reads all, some, or none of its provisions. Visitor's subjective decision not to read provisions that were reasonably and conspicuously presented does not, standing alone, negate otherwise legally effective assent.

VISITOR AGREES THAT A VOLUNTARY DECISION NOT TO READ THIS AGREEMENT, AFTER RECEIVING LEGALLY SUFFICIENT NOTICE AND A REASONABLE OPPORTUNITY FOR REVIEW, DOES NOT BY ITSELF EXCUSE PERFORMANCE OR LIMIT THE EFFECT OF AN OTHERWISE ENFORCEABLE ACCEPTANCE.

A visitor who bypasses, closes, disables, circumvents, or avoids an assent interface and nevertheless accesses or uses a Website does not thereby obtain an unrestricted license. Publisher reserves all arguments arising from actual notice, inquiry notice, conduct, course of dealing, estoppel, and other applicable contract principles, subject to the requirements for legally effective assent.

Publisher may maintain evidence of the notice presented, Agreement version, date and time of presentation, affirmative acceptance or other relevant conduct, and associated technical records, subject to applicable law. Publisher's failure to create, maintain, retain, preserve, locate, retrieve, or produce any particular record, log, acknowledgment, or other evidence of notice, presentation, access, or acceptance shall not, by itself, establish or constitute an admission that such notice, presentation, access, or acceptance did not occur, or that Visitor lacked notice or failed to assent. Notice, presentation, opportunity for review, access, acceptance, and other relevant facts may be established through any legally permissible means, including evidence of Publisher's regular business practices, customary procedures, standard website configurations, ordinary operation of notice or acceptance interfaces, historical system settings, representative screenshots, contemporaneous policies, testimony, circumstantial evidence, or other competent evidence. No particular form of electronic record, individualized acknowledgment, or technical log shall be contractually required as the exclusive means of proving notice or assent, except where expressly required by applicable law. The absence or unavailability of a particular record shall not, standing alone, create a contractual presumption that the underlying event did not occur, without prejudice to any mandatory evidentiary requirements, preservation obligations, or remedies applicable under law.

A privacy-preference selection is distinct from acceptance of these contractual access conditions and does not, by itself, constitute assent to this Agreement or consent to processing for which separate consent is required.

Visitor may decline the offered license by refraining from access or use. Publisher has no obligation to provide continued access to a visitor who declines or violates the Agreement, except as otherwise required by applicable law.

1.3 Meaningful Choice; Nonessential Services; Availability of Alternatives

ACCESS TO THE WEBSITES IS VOLUNTARY, OPTIONAL, AND NONESSENTIAL. Publisher does not operate a monopoly over parenting information, family activities, entertainment recommendations, community information, local news, or the other subjects addressed by its publications. Substantially similar information, commentary, recommendations, and entertainment are available through numerous independent publications, websites, search engines, social media platforms, libraries, governmental resources, and other sources, many without charge.

No visitor is required by law, governmental authority, employment, contractual obligation imposed by Publisher, or any condition established by Publisher to access or use the Websites. Publisher does not condition the receipt of any essential service, public benefit, existing property right, or legal entitlement upon acceptance of this Agreement.

A visitor who declines the offered license remains free to obtain information and entertainment from alternative sources. Declining access does not deprive Visitor of food, shelter, medical care, transportation, banking, insurance, emergency assistance, governmental services, or any other necessity of life.

The parties acknowledge that Visitor has a meaningful choice whether to seek access to Publisher's privately owned editorial content on the conditions offered, or instead to decline those conditions and use alternative sources. Publisher's ownership of its content, selection of uniform access conditions, and refusal to provide unrestricted access do not, standing alone, establish coercion, economic compulsion, unfair bargaining power, or the absence of meaningful choice.

The parties further acknowledge that Publisher does not possess exclusive control over the underlying facts, public information, community resources, or general subject matter addressed by the Websites, even where Publisher owns or licenses particular articles, photographs, designs, compilations, and other expressive works.

1.4 Absence of Procedural Unconscionability; Notice and Opportunity for Informed Choice

The parties intend that this Agreement constitute a voluntary conditional-access arrangement rather than a transaction imposed through coercion, practical necessity, or an absence of meaningful alternatives.

The parties acknowledge the following circumstances as material to the nature of their relationship and the intended enforceability of this Agreement:

  1. The Websites provide optional editorial information and entertainment rather than essential goods or services.
  2. Visitor is free to decline the offered license without forfeiting any existing legal entitlement or access to necessities.
  3. Alternative sources of substantially similar information and entertainment are generally available.
  4. Publisher intends that the Agreement be prominently disclosed, readily accessible, and available for review before or in connection with acceptance.
  5. Visitor may review the Agreement and incorporated documents before electing whether to accept the offered conditions.
  6. Publisher's use of standardized terms reflects the practical administration of publicly accessible digital publications rather than an attempt to exploit dependence upon an essential service.
  7. Visitor is not required to purchase any unrelated product or service as a condition of declining the Agreement.

The parties recognize that the use of standardized, nonnegotiable terms may be considered in evaluating whether a contract is adhesive, but the mere existence of standardized terms or the absence of individualized negotiation does not, by itself, establish procedural unconscionability or render an otherwise enforceable agreement invalid.

The parties intend that the voluntary nature of access, the availability of meaningful alternatives, the absence of essential-service dependence, the opportunity for advance review, and the manner of presentation and acceptance be considered in evaluating any allegation of procedural unconscionability, unfair surprise, coercion, or unequal bargaining power.

THE PARTIES INTEND THAT NO FINDING OF PROCEDURAL UNCONSCIONABILITY BE BASED MERELY UPON PUBLISHER'S USE OF UNIFORM ACCESS CONDITIONS, ITS OWNERSHIP OF THE WEBSITES, OR VISITOR'S VOLUNTARY DECISION NOT TO READ TERMS THAT WERE REASONABLY AND CONSPICUOUSLY PRESENTED.

Nothing in this subsection displaces applicable legal requirements governing contract formation, notice, assent, or enforceability.

1.5 Substantive Fairness; Legitimate Commercial Interests; Allocation of Risk

Publisher creates and distributes original and curated editorial content, maintains technical infrastructure, contracts with contributors and service providers, operates advertising-supported publications, and assumes the operational, financial, reputational, and legal risks associated with those activities.

Publisher has legitimate commercial interests in establishing uniform conditions governing access to its privately operated Websites, including protecting editorial and intellectual-property rights; operating lawful advertising, analytics, and measurement technologies; maintaining website security; preventing misuse; allocating foreseeable commercial risks; establishing orderly procedures for notice, investigation, preservation, and resolution of disputes; and avoiding disproportionate costs arising from disputes concerning access to editorial content offered without a general admission fee.

The parties intend that the conditions of this Agreement, including its limitations of liability, allocations of risk, notice and cure procedures, dispute-resolution provisions, and other contractual obligations, be interpreted in light of those legitimate interests and the voluntary, nonessential nature of the access offered.

The parties further intend that the Agreement be evaluated as a whole, in the context of the particular transaction, the consideration exchanged, the availability of alternatives, and the legitimate purposes served by its provisions.

THE PARTIES INTEND THAT THE AGREEMENT'S CONDITIONS CONSTITUTE A LAWFUL AND COMMERCIALLY REASONABLE ALLOCATION OF RIGHTS, RESPONSIBILITIES, AND RISKS, RATHER THAN TERMS SO OPPRESSIVE, ONE-SIDED, OR UNREASONABLY FAVORABLE TO PUBLISHER AS TO BE SUBSTANTIVELY UNCONSCIONABLE.

The parties acknowledge that a provision does not become substantively unconscionable solely because it benefits Publisher, limits a particular remedy, allocates a particular risk, or establishes procedures for resolving disputes. The enforceability of any challenged provision remains subject to applicable law and consideration of its actual terms and effects.

Nothing in this subsection authorizes unlawful conduct, eliminates a nonwaivable statutory right, or requires enforcement of a provision that applicable law renders unenforceable.

1.6 Covered Transactions and Precedence

This Agreement governs visitors' access to and use of the Covered Websites. It is not an advertiser, sponsorship, insertion-order, or vendor agreement. A separately executed advertising, sponsorship, subscription, purchase, or other commercial agreement governs the transaction within its scope.

No reference to another Hooray property automatically extends this Agreement to hooray.media or to an unlisted domain.

2. DEFINITIONS AND AGREED CHARACTERIZATIONS

“Publisher Protected Parties” means Publisher and its parents, subsidiaries, commonly controlled affiliates, publications, owners, members, managers, officers, directors, employees, editors, agents, contractors, representatives, insurers, predecessors, successors, and assigns, solely in their respective capacities connected with Publisher or a Website. The provisions expressly protecting Publisher Protected Parties are intended for their benefit and may be enforced by them as permitted by law.

“Technology Providers” means persons or entities furnishing or participating in hosting, content delivery, security, analytics, measurement, consent management, advertising, auctions, bidding, ad serving, identity, fraud prevention, embedded content, email distribution, or other Website technology, including Google, Raptive, and the dynamically changing participants in advertising transactions. Technology Providers are not Publisher Protected Parties merely because they furnish technology.

“Ordinary Website Activity” means routine requests for public content pages; navigation; pageviews, including duration, interaction, and progression through pages; clicks; scrolling; general-interest searches; advertisement and programmatic advertisement functions including but not limited to bidding, delivery, targeting, and interaction; page URLs and referring URLs; browser, device, network, and approximate-location information; identifiers; and associated operational and usage information, as more particularly described in the Privacy Policy and Cookie & Advertising Technologies Notice.

“Routine Technology Communications” means ordinary technical requests, responses, transmissions, measurements, and processing among a visitor's browser or device, Publisher, and Technology Providers incident to Ordinary Website Activity.

“Dispute Event” means an identified occurrence or substantially related course of conduct concerning a Website that a visitor contends supports a claim, demand, or request for relief.

The parties adopt these descriptions as agreed factual expectations, contractual allocations of risk, and rules of interpretation in their relationship. Their agreement is intended to have the maximum lawful evidentiary and contractual effect; mandatory statutory definitions control where applicable.

Visitor acknowledges and agrees that Publisher may employ, directly or through third parties, advertising networks, exchanges, demand-side and supply-side platforms, analytics and audience-measurement services, advertising management and delivery systems, social-media integrations, pixels, tags, cookies, local storage, device and advertising identifiers, server-side event transmission, conversion and attribution interfaces, audience-matching technologies, automated bidding systems, and other existing, emerging, or successor technologies.

These technologies may be used to deliver and select advertising, measure impressions and engagement, determine advertising eligibility, develop or infer audience characteristics and interests, personalize or target content and advertising, measure campaign effectiveness, attribute conversions, detect fraud, maintain security, and support operation and monetization of the Websites.

Visitor's authorization extends to information actively submitted, automatically generated, collected, inferred, or otherwise obtained through or in connection with use of the Websites, including information about devices, browsers, network connections, location information where available and lawfully processed, page activity, interactions, identifiers, and related usage data. The parties acknowledge that the actual vendors and processing paths may vary and that these categories describe possible or permitted technologies, not a representation that every listed category is in use at the time of acceptance.

THE PARTIES AGREE THAT THIS AUTHORIZATION IS NOT LIMITED TO TECHNOLOGIES, PROVIDERS, METHODS, OR COMMERCIAL ARRANGEMENTS IN USE ON THE DATE OF ACCEPTANCE. Specific technologies and processing activities remain subject to applicable law and the disclosures and privacy choices governing their use.

VISITOR AGREES TO AND CONSENTS TO THE DISCLOSED ORDINARY WEBSITE ACTIVITY, ROUTINE TECHNOLOGY COMMUNICATIONS, ROUTINE WEBSITE AND ADVERTISING TECHNOLOGIES GENERALLY AND THEIR ASSOCIATED COMMUNICATIONS, COLLECTION, RECEIPT, PROCESSING, AND TRANSMISSIONS TO THE FULLEST EXTENT THAT CONSENT MAY LAWFULLY BE GIVEN BY THIS AGREEMENT OR BY VISITOR'S CONDUCT. This consent is intended to constitute consent as a party to communications whenever party consent is legally relevant. Publisher reserves every independent argument that Ordinary Website Activity, Routine Technology Communications, and the general visiting, reading, and use of a content website such as Websites (and such general and common technology activities used to provide same) is not an interception, does not involve protected content or communications, falls outside a statute, or otherwise does not require consent. Nothing in this provision purports to confer retroactive consent where applicable law requires prior authorization or prohibits same.

3.2 Agreed nature of ordinary interactions

THE PARTIES AGREE THAT ORDINARY BROWSING, PUBLIC-PAGE REQUESTS, AD IMPRESSIONS, ROUTINE NAVIGATION, AND GENERAL-INTEREST WEBSITE SEARCHES, INCLUDING BUT NOT LIMITED TO ORDINARY WEBSITE ACTIVITY, ARE UNDERTAKEN AS PART OF AN OPEN, ADVERTISING-SUPPORTED PUBLISHING EXPERIENCE, NOT AS AN ATTEMPT TO SEND CONFIDENTIAL OR PRIVILEGED COMMUNICATIONS TO PUBLISHER. The Visitor agrees that the disclosed categories of Technology Providers are expected participants in that publishing experience and that Ordinary Website Activity is not intended to remain confidential from recipients involved in those disclosed operations.

These stipulations supplement, rather than replace, Publisher's positions under applicable law, including Florida Statutes chapter 934. The parties intend the Agreement and Publisher's disclosed privacy practices to be considered in assessing consent, the nature of the communications, reasonable expectations, good faith, and any applicable statutory defenses. Publisher does not admit that chapter 934 governs the Websites' ordinary technology operations.

3.3 Privacy elections and independent compliance

Publisher shall recognize and administer Visitor privacy elections, opt-outs, withdrawals of consent, and other privacy choices only to the extent required by applicable law or expressly undertaken by Publisher in an applicable, then-current privacy notice or consent mechanism. Nothing in this Agreement obligates Publisher to offer, maintain, or administer any privacy choice beyond those legally required or expressly undertaken. A choice concerning optional tracking does not, by itself, terminate agreement to separate content-license, dispute, and risk-allocation terms. No provision requires Visitor to surrender a nonwaivable statutory right. Publisher reserves all arguments that particular statutes do not apply because of their scope, definitions, thresholds, exemptions, or the conduct at issue.

3.4 Federal and Florida electronic communications law; statutory authorization and good-faith reliance

3.4.1 ELECTRONIC COMMUNICATIONS AND THE ACCESS BARGAIN. The Websites operate through electronic communications systems, networks, and services potentially used in interstate and foreign commerce. As a material condition of the access license, Visitor agrees that Publisher may employ its selected infrastructure, hosting, security, analytics, advertising, measurement, and other Technology Providers to provide, maintain, protect, measure, improve, distribute, and monetize the Websites. These activities may involve receiving, acquiring, recording, processing, analyzing, storing, transmitting, and disclosing Ordinary Website Activity and Routine Technology Communications, as described in this Agreement and the applicable privacy and advertising notices.

3.4.2 EXPRESS CONSENT; AUTHORIZATION; INTENDED RECIPIENTS. VISITOR EXPRESSLY CONSENTS TO AND AUTHORIZES THE RECEIPT, ACQUISITION, RECORDING, PROCESSING, ANALYSIS, USE, TRANSMISSION, STORAGE, AND DISCLOSURE OF ORDINARY WEBSITE ACTIVITY AND ROUTINE TECHNOLOGY COMMUNICATIONS IN CONNECTION WITH THE OPERATION AND MONETIZATION OF THE WEBSITES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Visitor agrees that Publisher is an intended recipient of communications directed to the Websites and authorizes Publisher to engage Technology Providers as agents, processors, service providers, or independent recipients, as their actual functions warrant. The parties intend this consent and authorization to operate under applicable Florida and federal law, including section 934.03(2)(d), Florida Statutes, and applicable federal consent provisions. Publisher reserves all independent grounds for consent, authorization, assent, and lawful receipt, including a selected agreement control, conspicuous notice followed by use, the intended destination and nature of the communication, and other legally recognized circumstances. These grounds are cumulative.

3.4.3 AGREED CHARACTERIZATION OF ORDINARY WEBSITE COMMUNICATIONS. THE PARTIES AGREE THAT ORDINARY PUBLIC-PAGE REQUESTS, GENERAL-INTEREST SEARCHES, NAVIGATION, ADVERTISEMENT DELIVERY, AND AUDIENCE MEASUREMENT ARE ACTIVITIES OF AN OPEN, ADVERTISING-SUPPORTED ELECTRONIC PUBLICATION, NOT CONFIDENTIAL MESSAGING OR PRIVILEGED PROFESSIONAL COMMUNICATIONS. Visitor agrees that Publisher and the categories of Technology Providers disclosed in this Agreement and the accompanying notices are expected participants in the authorized operations. The parties agree that the mere receipt, use, or disclosure of electronic communications or associated information in those operations does not, by itself, establish an unauthorized interception. The parties intend their agreements, notices, conduct, and the actual technology functions to be considered in any analysis of consent, lawful receipt, confidentiality, authorization, and reasonable expectations.

3.4.4 FEDERAL STATUTORY FRAMEWORK. Publisher expressly reserves and invokes all applicable permissions, exceptions, authorizations, exclusions, and defenses under the Electronic Communications Privacy Act, including the federal Wiretap Act, 18 U.S.C. §§ 2510–2523, and Stored Communications Act, 18 U.S.C. §§ 2701–2713. Where supported by the actual functions and statutory requirements, these include the provisions governing consent, authorized recipients, conduct incident to the rendition of an electronic communications service, and authorized access, use, or disclosure, including 18 U.S.C. §§ 2511(2)(a)(i) and 2702(b)–(c). No reference to a statute constitutes an admission that the statute applies to the challenged activity.

3.4.5 FLORIDA DIGITAL BILL OF RIGHTS; HARMONIOUS CONSTRUCTION. Publisher has considered the Florida Digital Bill of Rights, sections 501.701–501.722, Florida Statutes, including its definitions, applicability requirements, exclusions, and treatment of personal-data processing, advertising, and measurement. Publisher maintains that applicable Florida statutes should be construed harmoniously where reasonably possible, and that the Legislature's treatment of digital processing is relevant to evaluating claims that ordinary, authorized website technologies constitute prohibited interception. Publisher preserves every argument arising from the Florida Digital Bill of Rights' scope, thresholds, exclusions, and statutory context, without electing any such argument to the exclusion of another.

3.4.6 GOOD-FAITH DETERMINATION; SECTION 934.10(2)(c). Publisher maintains that its actual, authorized and disclosed website operations, analytics, advertising measurement, and related processing are permitted by applicable law. PUBLISHER EXPRESSLY INVOKES AND PRESERVES THE COMPLETE DEFENSE SET FORTH IN SECTION 934.10(2)(c), FLORIDA STATUTES, WHERE THE STATUTORY REQUIREMENTS FOR GOOD-FAITH RELIANCE UPON A DETERMINATION THAT FLORIDA OR FEDERAL LAW PERMITTED THE CONDUCT ARE ESTABLISHED. Publisher may establish its good faith through contemporaneous legal analysis, actual practices, notices, consent mechanisms, policies, technical configurations, and other competent evidence. The parties do not designate the federal consent provision excluded by that Florida subsection as the basis of the subsection's particular defense.

3.4.7 INDEPENDENT AND CUMULATIVE GROUNDS; NO ADMISSION. All contractual consents, intended-recipient rights, statutory permissions, exclusions, exceptions, good-faith defenses, releases, risk allocations, limitations, and other protections are independent and cumulative to the fullest extent permitted by law. Reliance upon one does not waive another. NOTHING IN THIS AGREEMENT IS AN ADMISSION THAT ANY WEBSITE OPERATION CONSTITUTES AN INTERCEPTION, THAT ANY COMMUNICATION WAS ACQUIRED WITHOUT AUTHORIZATION, THAT ANY PARTICULAR STATUTE APPLIES, OR THAT ANY VISITOR HAS A VALID CLAIM OR RECOVERABLE INJURY.

3.4.8 MANDATORY PRE-SUIT PROCEDURES. ANY VISITOR ASSERTING A CLAIM ARISING FROM WEBSITE COMMUNICATIONS, ANALYTICS, ADVERTISING TECHNOLOGIES, OR RELATED DATA PROCESSING AGREES TO COMPLY WITH THE NOTICE, PRESERVATION, INVESTIGATION, COOPERATION, AND OPPORTUNITY-TO-CURE REQUIREMENTS OF SECTION 11. Visitor agrees that prompt notice and reasonable cooperation are material conditions of the access bargain because software, consent settings, vendor systems, logs, and other evidence change rapidly. The agreed consequences of noncompliance and the effects of cure are governed by Section 11 and the other applicable provisions of this Agreement.

3.4.9 NO NEW PUBLISHER UNDERTAKING. This Section records Visitor's agreements and authorizations and Publisher's reserved legal positions. It creates no separate representation, warranty, recurring audit schedule, technical configuration commitment, independent cause of action, or additional Publisher duty beyond an obligation otherwise expressly undertaken in this Agreement or imposed by applicable law.

4. NO CONFIDENTIAL SUBMISSIONS THROUGH PUBLIC FEATURES

DO NOT ENTER OR TRANSMIT MEDICAL, FINANCIAL, LEGAL, PRIVILEGED, IDENTIFYING, OR OTHER CONFIDENTIAL OR SENSITIVE INFORMATION THROUGH A PUBLIC SEARCH BOX, URL, NAVIGATION FEATURE, OR GENERAL-INTEREST WEBSITE INTERACTION. Search is provided to locate editorial content, not to receive private communications. Visitors agree to use searches for general topics only and not to place confidential information in URL parameters, including ?s=.

Publisher does not offer confidential medical, legal, financial, counseling, or fiduciary services through these Websites. A visitor's unilateral insertion of confidential material into a general-purpose feature does not change the feature's stated purpose, change the consents agreed to herein, or create a confidential or professional relationship. Publisher reserves the right at its sole discretion, but does not undertake any obligation, to disregard, delete, block, or otherwise handle unsolicited sensitive material as legally permitted.

Where a visitor deliberately provides an email address to subscribe to a newsletter, that is a newsletter submission handled through the disclosed email service provider, currently Mailchimp. Separate forms, contests, purchases, or registrations may carry their own notices and transaction-specific terms. The Websites do not offer public commenting as an ordinary enabled feature at the time of this draft.

5. CONDITIONAL LICENSE; CONTENT RIGHTS; AUTOMATED ACCESS

5.1 Limited license

Subject to this Agreement, Publisher grants a personal, limited, nonexclusive, non-transferable, non-sublicensable, revocable license for ordinary human-directed viewing of publicly accessible editorial content. Publisher retains all rights not expressly granted. No Visitor acquires ownership or a continuing right of access by visiting a Website.

5.2 Prohibited exploitation

Without Publisher's prior written authorization, a Visitor shall not scrape, crawl, bulk-download, systematically extract, republish, redistribute, commercially exploit, train or supply artificial-intelligence systems with, construct datasets from, or use retrieval-augmented-generation systems to ingest Website content; interfere with security or monetization; simulate human traffic; or generate artificial advertising impressions. Publisher may identify authorized search crawlers or licensees separately. A robots.txt file does not itself grant a content-reuse license.

CIRCUMVENTING A NOTICE, TECHNICAL CONTROL, OR ACCEPTANCE INTERFACE DOES NOT EXPAND THE SCOPE OF THE LICENSE OFFERED. Publisher may block, investigate, and pursue all available contractual, statutory, and equitable remedies for unauthorized access or exploitation.

5.3 Stipulated damages for unauthorized automated retrieval

The parties recognize that unauthorized automated extraction may impose hard-to-measure losses involving editorial investment, licensing opportunities, bandwidth, security, and downstream dissemination. For each person or entity bound by this Agreement that conducts unauthorized automated retrieval of content on the Websites, the parties stipulate $500 FOR EACH DISTINCT SUBSTANTIVE CONTENT ITEM RETRIEVED PER UTC CALENDAR DAY shall be paid by such person or entity to Publisher, with repeated retrievals of the same item by the same responsible operation on that day counted once. A Substantive Content Item means a separately identifiable original article, feature, photograph, video, illustration, or substantial original compilation. Separate days and separate items are separately counted; coordinated proxies do not multiply the same operation's unit. The amount is intended as a reasonable advance estimate of otherwise difficult-to-measure compensatory loss, not a penalty or purchased license. Publisher may instead pursue otherwise available remedies where the stipulated measure does not apply or is not enforceable, without duplicate recovery for the same injury.

Credible CDN, server, security, and request records may be used to establish retrieval and attribution. The parties agree that a documented prima facie showing requires a responding visitor to produce reasonably available contrary evidence, subject to applicable procedural and evidentiary law. Publisher's claims and remedies under this Section are not limited by the visitor-claim caps in Section 10.

6. EDITORIAL DISCLAIMER; NO RELIANCE; NO PROFESSIONAL ADVICE

ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, AVAILABILITY, OR PARTICULAR RESULTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Publisher may edit, remove, correct, or discontinue content at any time without notice.

Content concerning schools, camps, parenting, family activities, health, safety, travel, restaurants, entertainment, businesses, events, products, or services is general editorial information, not individualized advice or a guarantee. DO NOT RELY EXCLUSIVELY ON WEBSITE CONTENT FOR A CONSEQUENTIAL DECISION. Independently verify dates, prices, availability, eligibility, licensing, qualifications, safety conditions, legal requirements, and other material facts with the appropriate source or qualified professional. For medical, legal, tax, financial, safety, or similarly consequential matters, obtain advice from an appropriately qualified professional.

The Visitor assumes responsibility for decisions and actions taken in reliance on Website content and agrees to hold Publisher Protected Parties harmless from losses arising from such reliance, to the maximum extent permitted by law. Publisher is not responsible for the conduct, goods, services, representations, policies, or security of independent advertisers, venues, merchants, event operators, external websites, or Technology Providers. No fiduciary, professional, advisory, or other special relationship is created by use of a Website.

7. RELEASE OF CLAIMS; COVENANT NOT TO SUE; THIRD-PARTY CONDUCT

TO THE FULLEST EXTENT PERMITTED BY LAW, THE VISITOR KNOWINGLY RELEASES, ACQUITS, AND FOREVER DISCHARGES THE PUBLISHER PROTECTED PARTIES FROM ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, AND REMEDIES ARISING OUT OF OR RELATING TO ORDINARY WEBSITE ACTIVITY, ROUTINE TECHNOLOGY COMMUNICATIONS, DISCLOSED ANALYTICS AND ADVERTISING OPERATIONS, THIRD-PARTY TECHNOLOGY CONDUCT, OR THE VISITOR'S USE OF OR RELIANCE ON WEBSITE CONTENT, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR CONTINGENT.

The visitor acknowledges that facts, Technology Providers, legal theories, and claimed consequences may later be discovered, and intends this release to remain effective notwithstanding those discoveries. This release is intended to cover claims arising from earlier visits to the extent a valid release of such claims may be made by a Visitor accepting this Agreement, as well as covered claims otherwise within its enforceable scope.

The visitor independently covenants not to commence, maintain, fund, or prosecute an action against Publisher Protected Parties on a matter effectively released under this Section. The release, covenant, and risk allocation are independent undertakings and apply separately to each claim, remedy, Protected Party, and factual application. Technology Providers do not receive this release merely because they are Technology Providers; the release protects Publisher Protected Parties against claims based on Technology Provider conduct.

Nothing in this Section restricts legally protected reports to regulators, cooperation with government investigations, or rights that controlling law prohibits a private agreement from releasing. The parties intend every otherwise lawful portion of this release and covenant to remain operative notwithstanding any invalid application.

8. ASSUMPTION OF RISK; ALLOCATION OF RESPONSIBILITY

The visitor voluntarily assumes ordinary risks associated with using free, public, advertising-supported editorial websites, including risks of reliance on editorial information, interaction with independent advertisers and merchants, and Ordinary Website Technologies. The visitor agrees that Publisher Protected Parties shall not bear responsibility for independent Technology Provider conduct or Visitor decisions except to the extent responsibility is imposed by nonwaivable law. Each risk allocation is a material element of the access bargain.

9. VISITOR INDEMNIFICATION; THIRD-PARTY CLAIMS

THE VISITOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS PUBLISHER PROTECTED PARTIES from third-party claims, demands, proceedings, judgments, settlements, damages, losses, and reasonable non-litigation losses and expenses arising out of or relating to the Visitor's submissions, conduct, misuse of the Websites, infringement, unlawful activity, violation of third-party rights, breach of this Agreement, unauthorized automation, or content supplied or transmitted by the Visitor, to the fullest extent permitted by law. This obligation is not limited to intentional misconduct. It does not require indemnification for a Publisher Protected Party's liability to the extent applicable law prohibits shifting that liability. Publisher may assume control of its defense with counsel of its choosing; however, this Section shall not create a right to recover attorneys' fees, expert-witness fees, consultant fees, litigation expenses, or costs from Visitor in a dispute covered by the mutual waiver in Section 10.3. No settlement imposing nonmonetary obligations on a Publisher Protected Party may be entered without that party's written consent.

10. LIMITATION OF LIABILITY; DAMAGES; MUTUAL FEES WAIVER

10.1 Collective ceiling and allocation

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL PUBLISHER PROTECTED PARTIES, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO A VISITOR'S USE OF THE WEBSITES SHALL NOT EXCEED THE LESSER OF (A) THE NET ADVERTISING REVENUE REASONABLY ATTRIBUTABLE TO THAT VISITOR'S QUALIFYING PAGEVIEWS OR (B) TWENTY DOLLARS ($20.00) IN TOTAL. This is one aggregate ceiling, not a separate ceiling per party, event, visit, claim, theory, or Website.

For this purpose, attributable net advertising revenue may be reasonably estimated from Publisher's contemporaneous ad-platform revenue and traffic records, including Raptive, CDN, server, or analytics records, without requiring any single analytics vendor to have recorded every visit. A Qualifying Pageview is an actual human-directed substantially loaded pageview, excluding bots, prefetches, blocked requests, and fabricated impressions. If reasonable attribution is unavailable, the parties agree to a substitute estimate of $0.01 per proven Qualifying Pageview, always subject to the $20 collective ceiling and all other defenses. No calculation method creates a cause of action or admission of liability.

10.2 Independent exclusions and waivers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE VISITOR WAIVES AND PUBLISHER PROTECTED PARTIES SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLIED, NOMINAL, OR STATUTORY-MINIMUM DAMAGES; LOST PROFITS, BUSINESS, OPPORTUNITIES, DATA, OR GOODWILL; OR ATTORNEYS' FEES, EXPERT FEES, LITIGATION EXPENSES, COSTS, AND INTEREST. The Visitor also waives any other category of monetary or equitable relief that may lawfully be waived by agreement. These exclusions and waivers apply independently of the aggregate ceiling and independently to each category, claim, and remedy.

EACH WAIVER APPLIES WHERE LAWFUL EVEN IF A DIFFERENT WAIVER OR APPLICATION IS UNENFORCEABLE. The parties intend maximum lawful enforcement of every limitation, exclusion, and waiver, including those concerning statutory remedies to the extent such remedies may be waived. The mutual attorneys' fees and litigation-cost waiver in Section 10.3 governs each party notwithstanding any other remedy or limitation.

10.3 Mutual waiver of attorneys' fees and litigation expenses; conditional enforceability and independent severability

EACH PARTY SHALL BEAR ITS OWN ATTORNEYS' FEES, EXPERT-WITNESS FEES, CONSULTANT FEES, LITIGATION EXPENSES, AND COSTS IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITES OR THIS AGREEMENT, REGARDLESS OF WHICH PARTY PREVAILS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Neither party shall be entitled to recover such fees, expenses, or costs from the other under this Agreement. To the fullest extent permitted by applicable law, each party expressly waives any otherwise waivable statutory, contractual, equitable, or other entitlement to recover such amounts.

The parties intend this provision to operate mutually and not to create any unilateral or reciprocal contractual entitlement to attorneys' fees, litigation expenses, or costs.

Each waiver is conditional upon its enforceability under applicable law. If any particular waiver is unenforceable because of statutory requirements, public policy, unconscionability, preservation of an effective statutory remedy, or any other applicable legal principle, that waiver shall be inoperative only to the minimum extent necessary to comply with applicable law. Such determination affects only the specific entitlement or application that cannot lawfully be waived, and all remaining waivers and limitations continue in effect, including those in Section 10.1.

The parties expressly intend that the individual-proceedings and class-action waiver in Section 12.3 operate independently of this Section. If enforcement of any portion of this fee-and-cost waiver would otherwise render Section 12.3 invalid or unenforceable, the parties agree that the offending portion of this Section 10.3 shall yield and be severed to the minimum extent necessary to preserve the enforceability of Section 12.3, to the extent permitted by applicable law. The invalidity or unenforceability of any fee or cost waiver shall not, by itself, invalidate any independently enforceable provision of Section 12.3.

Sections 9, 10.2, and 12.3 shall be construed consistently with this mutual waiver; none provides a separate contractual litigation-fee entitlement. Nothing in this Section eliminates a fee or cost entitlement that applicable law prohibits the parties from waiving, creates any new contractual entitlement to fees or costs, or limits any otherwise available defense to a request for such amounts.

10.4 Construction and severability at every level

Every word, phrase, sentence, clause, subsection, category of damages, claim, remedy, party, time period, and factual application in this Section is independently severable to the extent necessary to preserve the remaining lawful limitations. A restriction on one category or application shall not expand liability under another category or application beyond what controlling law requires.

11. MANDATORY EARLY NOTICE, EVIDENCE PRESERVATION, INVESTIGATION, AND OPPORTUNITY TO CURE

11.1 Purpose and material contractual undertaking

The parties agree that EARLY NOTICE AND A MEANINGFUL OPPORTUNITY TO INVESTIGATE AND CURE ARE MATERIAL CONDITIONS OF THE ACCESS BARGAIN. Publisher seeks to act responsibly, investigate genuine problems, correct errors, mitigate harm, and resolve legitimate concerns promptly without unnecessary litigation. The Visitor agrees that the fair and efficient first response to an alleged Website problem is to identify it with reasonable specificity, allow Publisher to investigate, and provide a reasonable opportunity to correct it.

This process is especially important because website technologies involve rapidly changing code, ad auctions, third-party vendors, consent settings, cookies, logs, and security records. Prompt notice can preserve evidence, identify a responsible provider, stop ongoing conduct, avoid preventable harm, and reduce unnecessary expense. The parties agree that delay can materially prejudice Publisher even when a statutory filing period remains open. THE PARTIES INTEND THIS CONTRACTUAL NOTICE-AND-CURE PROCESS TO OPERATE IN HARMONY WITH APPLICABLE LIMITATIONS STATUTES, NOT AS AN AGREEMENT TO SHORTEN A STATUTORY FILING PERIOD.

11.2 Visitor's prompt notice obligation

The visitor shall give Publisher written notice of a Dispute Event WITHIN SIXTY (60) CALENDAR DAYS AFTER THE VISITOR KNEW OR, IN THE EXERCISE OF REASONABLE DILIGENCE, SHOULD HAVE KNOWN OF THE FACTS REASONABLY INDICATING THE EVENT AND ITS CONNECTION TO A WEBSITE. Knowledge of a disclosed technology practice does not require prior knowledge of a legal theory. The Visitor agrees to preserve reasonably available relevant evidence upon learning of a potential Dispute Event, to take reasonable steps to avoid unnecessary enlargement of alleged injury, and to openly and freely cooperate and share such information with Publisher.

11.3 Formal notice and required particulars

A Dispute Notice must be sent by USPS Certified Mail, Return Receipt Requested, addressed to: MEDIA-AMJ, LLC, ATTN: PRIVACY COUNSEL, 320 W. KENNEDY BLVD. SUITE 220, TAMPA, FL 33606. The USPS acceptance date determines timely mailing; actual receipt begins Publisher's investigation period. Each distinct Dispute Event shall be identified in a separately signed notice; a substantially related course of conduct may be described in one notice. Publisher may expressly waive a method or defect in writing without waiving other requirements.

The notice shall identify the claimant; mailing and reply addresses; Website and relevant URLs; dates and approximate times; the acts or omissions challenged; the communications or information allegedly affected; when and how the claimant discovered the facts; the injury or actual damages sustained, and corrective action claimed; the basis for any monetary demand; and reasonably available documents or other supporting evidence. It shall be signed by the claimant or an identified authorized representative. Publisher may request reasonable verification of material factual representations, such as by affidavit under oath, and claimant shall reasonably cooperate with such requests.

11.4 Duty to preserve, cooperate, and supplement

The Visitor agrees to preserve reasonably available nonprivileged evidence and COOPERATE IN GOOD FAITH with Publisher's investigation by providing relevant information within the Visitor's possession or control, answering material questions, identifying relevant devices, browsers, dates, and sessions to the extent reasonably known, and promptly supplementing material corrections (excluding information protected by attorney-client privilege, but in which event Visitor shall disclose the existence of such information). Publisher may request a reasonable recorded interview with legally required recording consent or an examination under oath concerning material disputed facts, on at least fourteen (14) days' notice, with reasonable scheduling accommodation and counsel permitted. Publisher shall bear ordinary examiner and initial transcript costs of an examination it requests. No provision requires surrender of passwords, privileged communications, unrestricted device access, or irrelevant sensitive records.

A Visitor or claimant who receives a written notice of identification of material deficiencies or materially necessary unanswered requests shall respond or propose a reasonable alternative within fifteen (15) calendar days. Publisher may rely on material noncooperation, delay, spoliation, and resulting prejudice as independent contractual and legal defenses.

11.5 Investigation period; cure; agreed effect

Publisher shall have SIXTY (60) CALENDAR DAYS AFTER RECEIPT OF A SUBSTANTIALLY COMPLETE DISPUTE NOTICE to investigate and, at its election, correct, discontinue, mitigate, explain, or propose resolution of the challenged conduct. The period is suspended during a documented period of material noncooperation following a specific written request for information reasonably necessary to investigate. Publisher may communicate its findings, including a determination that no violation occurred, that a third party was responsible, that evidence is insufficient, or that a cure has been completed. An investigation, response, or cure is not an admission of wrongdoing.

THE PARTIES AGREE THAT A TIMELY CURE THAT FULLY CORRECTS A CONTRACTUAL BREACH OR OTHER REMEDIABLE CONDITION, AND REMEDIES ANY LEGALLY REMEDIABLE INJURY, SATISFIES PUBLISHER'S CURE OBLIGATION AND EXTINGUISHES THE CORRESPONDING CLAIM OR REMEDY TO THE MAXIMUM EXTENT PERMITTED BY LAW. The visitor agrees not to pursue duplicative relief for an adequately cured condition and to act reasonably in evaluating a proposed cure. This provision applies independently to contractual, common-law, equitable, and statutory claims wherever cure or release of the particular claim is legally effective or not prohibited.

11.6 Condition precedent; prejudice; procedural remedies

COMPLIANCE WITH THIS SECTION IS AN EXPRESS CONDITION PRECEDENT TO COMMENCING OR MAINTAINING A COVERED CIVIL ACTION AGAINST A PUBLISHER PROTECTED PARTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Publisher may seek a stay, abatement, dismissal without prejudice, enforcement of the cure process, or other available relief for noncompliance. The visitor agrees that failure to give prompt notice or preserve and provide relevant evidence may cause material prejudice, including loss of transient logs, changed vendor systems, increased investigation costs, and lost opportunities for mitigation. The parties agree that such prejudice supports the maximum lawful inference, presumption, defense, or remedy based on the facts established.

The contractual duty to provide prompt notice, preserve evidence, cooperate, and allow cure is independent of the statutory period for filing an action. If a particular condition or remedy cannot lawfully be applied to a specific claim, the remaining duties and available consequences shall continue to apply separately. Nothing requires a person to forego an urgent filing strictly necessary to preserve a nonwaivable right; Publisher reserves the right to request an appropriate stay to complete the agreed process.

11.7 No waiver by investigation

Publisher's investigation, informal response, willingness to consider a resolution, correction of a condition, or voluntary acceptance of additional information shall not waive any release, consent, limitation, notice requirement, defense, or other right unless Publisher expressly agrees in a signed writing.

12. FLORIDA PERFORMANCE, GOVERNING LAW, EXCLUSIVE FORUM, AND TRIAL PROCEDURES

12.1 Agreed place and nature of Publisher's performance

The parties agree that Publisher's relevant performance is principally undertaken through its Florida-based publishing operations: selection, creation, editing, production, administration, and commercialization of editorial content and the operation of the Websites as Florida-oriented publications. FOR CONTRACTUAL PURPOSES, THE PARTIES DESIGNATE HILLSBOROUGH COUNTY, FLORIDA, AS THE PRINCIPAL PLACE OF WEBSITES' ACCESS, PERFORMANCE, AND OF ACTIVITIES CONTEMPLATED BY THIS ACCESS-LICENSE BARGAIN. The Visitor acknowledges that Publisher directs its editorial and business operations principally from Florida and that the Websites chiefly concern Florida communities and audiences. This contractual designation does not depend on the Visitor's physical location or on the physical location of each intermediary server.

12.2 Governing law and forum selection

FLORIDA LAW GOVERNS THIS AGREEMENT, WITHOUT APPLICATION OF CONFLICT-OF-LAWS RULES THAT WOULD SELECT ANOTHER STATE'S LAW, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Each party irrevocably submits to personal jurisdiction in courts located in Hillsborough County, Florida, for covered disputes, waives objections based on inconvenient forum and venue to the fullest lawful extent, and agrees to bring covered proceedings EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION IN AND FOR HILLSBOROUGH COUNTY, FLORIDA. If exclusive state-court selection cannot be enforced in a particular proceeding, the parties alternatively select the federal court serving Hillsborough County, Florida, to the extent federal jurisdiction exists. The parties agree that Publisher's Florida location and performance provide substantial, legitimate grounds for this selection.

12.3 Individual Proceedings; Class and Representative Action Waiver; Jury Trial; Fees; No Arbitration

(a) Agreement to Individual Proceedings. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUBLISHER AND VISITOR MUTUALLY AGREE THAT ANY CLAIM, CONTROVERSY, CAUSE OF ACTION, OR DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITES, THIS AGREEMENT, OR VISITOR'S ACCESS TO OR USE OF THE WEBSITES SHALL BE ASSERTED, COMMENCED, MAINTAINED, DEFENDED, AND RESOLVED SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, COLLECTIVE, MASS, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.

(b) Express Waiver of Class and Representative Participation. TO THE FULLEST EXTENT PERMITTED BY LAW, VISITOR KNOWINGLY, VOLUNTARILY, AND EXPRESSLY WAIVES ANY CONTRACTUALLY WAIVABLE RIGHT TO:

  1. Commence, file, prosecute, maintain, or pursue a claim as a class, collective, or representative action;
  2. Serve or seek to serve as a named plaintiff, lead plaintiff, class representative, representative claimant, or private attorney general;
  3. Seek certification of a class or collective proceeding, or request appointment as a class representative;
  4. Voluntarily join, opt into, enroll in, or otherwise participate as a claimant or class member in a class, collective, or representative proceeding against Publisher;
  5. Seek relief on behalf of persons other than Visitor, or assert claims belonging to other persons;
  6. Voluntarily consolidate or coordinate Visitor's claims with those of other claimants for purposes of obtaining aggregate or representative adjudication; or
  7. Seek or accept classwide or representative relief in a private proceeding, except to the extent such relief or participation cannot lawfully be waived.

(c) Individual Capacity; Preservation of Individual Remedies. This provision concerns the procedural manner in which disputes are presented and resolved. It does not, by itself, eliminate Visitor's ability to bring an otherwise legally cognizable individual claim in a court of competent jurisdiction or obtain any individual remedy that applicable law makes nonwaivable.

The parties intend that each Visitor retain a meaningful opportunity to assert and pursue individually any claim that cannot lawfully be waived. Nothing in this subsection prevents either party from seeking relief available in an individual action or requires the relinquishment of substantive rights that applicable law prohibits the parties from waiving.

(d) Voluntary Choice; Consideration; Commercial Reasonableness. The parties expressly incorporate the acknowledgments and contractual framework established in Section 1 concerning the voluntary, discretionary, nonessential nature of the Websites; the availability of alternative sources of information and entertainment; the opportunity to review this Agreement; the absence of essential-service dependence; and the consideration exchanged for conditional access.

Visitor is offered access to Publisher's privately owned editorial content without a general admission fee and may decline the offered license without forfeiting access to essential services or any existing legal entitlement.

The parties intend the individual-proceedings agreement to serve legitimate commercial purposes, including the orderly adjudication of disputes, avoidance of duplicative proceedings, proportionality between litigation procedures and individual claims, and predictable allocation of litigation risks associated with operating advertising-supported publications.

The parties further intend that this provision constitute a voluntary and commercially reasonable allocation of procedural rights, rather than a condition imposed through coercion, unfair surprise, or the absence of meaningful alternatives.

(e) No Contractual Right to Aggregate Adjudication. Except to the extent otherwise required by nonwaivable law, neither party shall have a contractual right to aggregate, combine, consolidate, or pursue claims on behalf of multiple persons merely because such claims involve common facts, technologies, practices, legal theories, alleged injuries, or requested remedies.

The parties intend that commonality of issues, standing alone, shall not create any contractual entitlement to class or representative treatment.

(f) Governmental Enforcement; Nonwaivable Rights; Third Parties. Nothing in this Section prohibits a visitor from communicating with, reporting alleged violations to, cooperating with, or participating in an investigation or proceeding conducted by a governmental or regulatory authority. Nothing restricts the lawful authority of a governmental body to pursue enforcement or obtain relief, including relief for affected persons, where authorized by law.

This Section does not bind nonparties who have not entered into an enforceable agreement, restrict compliance with compulsory legal process, or waive rights that applicable law makes nonwaivable.

(g) Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUBLISHER AND VISITOR EACH KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND MUTUALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE WEBSITES, THIS AGREEMENT, OR VISITOR'S ACCESS TO OR USE OF THE WEBSITES. This waiver applies only where a predispute contractual jury waiver is legally enforceable.

(h) Attorneys' Fees, Litigation Costs, and Interest. Attorneys' fees and litigation costs are governed by the mutual waiver in Section 10.3, subject to applicable law and any nonwaivable statutory entitlement. Interest is governed by the separate provisions of Section 10, including any legally effective waiver of interest. Neither party shall possess a contractual entitlement to recover attorneys' fees or litigation costs from the other except as expressly provided in this Agreement, and nothing herein eliminates any statutory entitlement that applicable law prohibits the parties from waiving.

(i) No Mandatory Arbitration. THIS AGREEMENT DOES NOT REQUIRE ARBITRATION. Neither party is required by this Agreement to submit a dispute to private arbitration or to relinquish access to a court of competent jurisdiction. The parties expressly intend the individual-proceedings requirement and the waiver of aggregate litigation to operate independently of any agreement to arbitrate.

(j) Construction; Partial Enforcement; Severability. The parties intend each legally permissible component of this Section to be enforced to the fullest extent allowed by applicable law. If any particular waiver, restriction, application, or portion of this Section is determined to be invalid or unenforceable, the remaining provisions shall continue in effect to the extent they can lawfully operate independently and without materially altering the parties' lawful agreement.

A determination that Visitor may not be prohibited from participating as an absent member of a particular class shall not, by itself, invalidate any otherwise enforceable agreement restricting Visitor from commencing, maintaining, or serving as a representative in a class proceeding.

Likewise, the unenforceability of a restriction upon consolidation, representative relief, class membership, or jury trial shall not automatically invalidate another independently enforceable restriction.

Nothing in this subsection requires a court to rewrite an unlawful provision or enforce a restriction contrary to mandatory law.

13. REPEATED VISITS; RENEWED ASSENT; AGREEMENT VERSIONS

Each click or other legally effective act of assent is an acceptance of the Agreement presented at that time. Repeated assent may reaffirm applicable obligations and constitute a renewed release of earlier claims to the extent the release is legally effective. Publisher may revise this Agreement and identify versions and effective dates. A revised Agreement may be accepted by a click or by other conduct sufficient under applicable law and the notice provided. Publisher may maintain contemporaneous version and notice records. The Agreement applicable to a disputed event shall be determined under governing contract law and the relevant facts; Publisher reserves all available arguments concerning renewed assent, continuing obligations, and releases.

14. ENTIRE AGREEMENT; INTERPRETATION; INDEPENDENT COVENANTS; MAXIMUM LAWFUL ENFORCEMENT

HEADINGS; INTERPRETATION. Section titles, headings, captions, and other organizational labels are solely for convenience of reference and shall not define, limit, enlarge, or otherwise affect any provision. Defined terms have the assigned meaning wherever used unless the context expressly requires otherwise.

This Agreement, together with disclosures expressly incorporated for notice or scope and any applicable transaction-specific terms, constitutes the visitor-access agreement. It does not amend a separately executed advertiser, sponsor, or vendor contract. Publisher's failure to enforce a provision once is not a waiver. No waiver is effective absent a writing signed by Publisher. The provisions concerning license restrictions, consent, agreed expectations, releases, indemnification, limitations, fees, notice, cure, forum, and severability are independent undertakings supported by the access bargain.

EACH WORD, PHRASE, SENTENCE, CLAUSE, SUBSECTION, SECTION, CLAIM, REMEDY, PARTY, AND APPLICATION IS SEPARATELY SEVERABLE TO THE FULLEST EXTENT PERMITTED BY LAW. If any portion is held invalid or unenforceable, the parties intend the narrowest necessary limitation and continued enforcement of every remaining lawful portion. A court may enforce a narrower lawful application rather than invalidate a broader provision where authorized by law. No provision shall be construed to require an unlawful act or the waiver of a right that controlling law makes nonwaivable. THE PARTIES INTEND MAXIMUM LAWFUL PROTECTION OF PUBLISHER PROTECTED PARTIES, NOT AUTOMATIC INVALIDATION OF OTHERWISE LAWFUL CONTRACTUAL PROTECTIONS.

Publisher: Media-AMJ, LLC d/b/a Hooray Media General inquiries: [email protected] Privacy inquiries: [email protected] Formal legal notice: 320 W. Kennedy Blvd. Suite 220, Tampa FL 33606 Agreement version: 2026-10-10-v7 Publication date / effective date: October 10, 2026