Terms of Service

1. General Rules and Definitions

1.1 If you choose to use the Services, you will be agreeing to abide by all of the terms and conditions of these Terms between you and National Review.

1.2 We in our sole discretion reserve the right to update, change, add, remove or otherwise modify portions of these Terms, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes. If, in our opinion, a change is material, we will also endeavor to provide you with notice in advance of the material change. Such notice may include posting a notice on the Service or sending notification to the email address connected with your account. Your continued use of the Service following such notice will be deemed to conclusively indicate your acceptance of the revised Terms. Any change to Section 11 will not apply to a dispute that arose before the change took effect.

1.3 If any of these rules or any future changes are unacceptable to you, you may cancel your membership by contacting customer service at 1-800-464-5526 and/or visiting your account settings and selecting Account > Manage Subscription > Cancel Subscription.

(SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE).

Your continued use of the services now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, in whole or in part, for any reason, in National Review’s sole discretion and without advance notice or liability, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. Content on the Services

2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial, lawful use only. As your right to access and use the Service and Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by National Review or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from National Review, Inc., or the copyright holder identified in the copyright notice contained in the Content.

2.4 The Content of the Services is owned or licensed to National Review. Certain Content is furnished by the Associated Press and Reuters, or other Third Party Partners which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

3. User Generated Content: Submissions Including Comments, Reader Reviews and More

3.1 You will not upload, distribute, or otherwise publish any libelous, defamatory, obscene, pornographic, abusive, vulgar, or otherwise inappropriate content. Inappropriate content includes any content that:

• Infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person

• Violates a person’s right to privacy

• Violates any local, state, national or international law

• Contains or advocates illegal or violent acts

• Is predatory, hateful, or intended to intimidate or harass, or contains derogatory name-calling

• Impersonates others

• Is in poor taste or otherwise objectionable

Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. National Review encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.

3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of National Review, Inc., distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by National Review, Inc. and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.

3.4 You grant National Review a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for National Review or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) and otherwise exploit in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by National Review, including any Submission posted on or to the Services through a third party, for any purpose whatsoever, including to develop, train, and improve artificial intelligence and machine learning models and technologies and in any and all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to National Review to your Submissions, you also, as permitted by applicable law, hereby grant to National Review, and agree to grant to National Review, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Submission, without any obligation or remuneration to you. Except as prohibited by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submission, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

3.5 You are solely responsible for the content of your Submissions. However, while National Review does not and cannot review every Submission and is not responsible for the content of these messages, National Review reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Your Submissions will be treated as non-confidential and non-proprietary by us, regardless of whether you mark them “confidential,” “proprietary” or the like, and will not be returned. Upon request, you will provide documentation necessary to authenticate rights to such Submissions and verify your compliance with these Terms.

3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.

3.7 In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed Submissions and licensed to us as set forth above. In addition, National Review retains any and all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. National Review’s receipt of your Unsolicited Ideas and Materials is not an admission by National Review of their novelty, priority, or originality, and it does not impair National Review’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

3.8 Each time you submit any Submission, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Submission you submit, and that, as to that Submission, (i) you are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the Submission and grant National Review the rights to it that you are granting by these Terms, all without any National Review obligation to obtain consent of any third-party and without creating any obligation or liability of National Review; (ii) the Submission is accurate; (iii) the Submission does not and, as to National Review’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third-party; and (iv) the Submission will not violate these Terms, or cause injury or harm to any person.

3.9 In the event that a third party provides National Review with a notification of any alleged intellectual property infringement, National Review may, in National Review’s sole and absolute discretion, immediately remove such content. In addition, in the event of an alleged copyright infringement, National Review shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked. It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires National Review to have a designated agent to receive notices of alleged copyright infringement. For any content that you believe infringes your copyright, please send a written notice of alleged copyright infringement to National Review’s designated agent at the following email address: privacy@nationalreview.com. Your written notification of alleged copyright infringement should include all of the following information:

i. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works and accompanying URL(s) where such work can be found on the Service;

ii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit National Review to locate the material on its server;

iii. Information reasonably sufficient to permit National Review to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

iv. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;

v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

vi. Your physical or electronic signature.

4. Use of the Services

4.1 You may not access or use, or attempt to access or use, the Services to (i) engage in any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Service that seek to attempt or do harm or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever (except to the extent the foregoing restriction is prohibited by applicable law) or modify any Service source or object code or other products, services, or processes accessible through any portion of the Service; (iv) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, National Review, or other users of the Service; (v) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the Submissions ; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); or (vii) otherwise violate these Terms.

4.2 You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content on the Service by using any AI, robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind for any purpose, including, without limitation, training a large language model or similar system; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact any and all trademark, copyright, and other intellectual property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content; (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of National Review or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.

4.3 The Services may contain links to third-party websites, services, content, apps, and advertisements for third parties (“Third-Party Services”). We are not responsible for third parties or their Third-Party Services. For instance, portions of the Service may be integrated into or linked to third-party sites, platforms, and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook Connect, Google, Apple, Amazon Pay, PayPal and/ or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.

5. Indemnification; Disclaimer

5.1 You hereby indemnify, defend and hold harmless National Review and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your use of the Service and your activities in connection with the Services; (b) any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants; (c) your Submissions; and (d) your violation of law in connection with your use of the Service. You shall cooperate as fully as reasonably required in the defense of any such claim. National Review, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 National Review does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

5.3 To the fullest extent permitted by applicable law, you release National Review from responsibility, liability, claims, demands, and/or damages of any and every kind and nature, in any way arising out of or related to the operation, or your use, of the Service or any Content that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU MAY HAVE ARISING OUT OF THESE TERMS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ALSO WAIVE ANY RIGHTS YOU MAY HAVE WITH RESPECT TO THIRD PARTY DISPUTES UNDER ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

5.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONAL REVIEW OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF WHATSOEVER NATURE (INCLUDING, WITHOUT LIMITATION, DAMAGE TO REPUTATION, LOSS OF GOODWILL, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES), EVEN IF NATIONAL REVIEW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, CONTENT, SUBMISSIONS, OR OUR OTHER PRODUCTS AND SERVICES. IN NO EVENT WILL NATIONAL REVIEW’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NATIONAL REVIEW IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.

6. Registration and Service Features

6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an email address. You also have to give us certain registration information, all of which must be accurate and updated.

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the National Review Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of National Review. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspension or termination of your account.

6.2 Please notify customer service (1-800-464-5526) of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.3 You must be 18 years or older to subscribe to all parts of the Services.

6.4 You are responsible for all usage or activity on your NationalReview.com account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

6.5 The Service may offer certain features and services via your wireless device. Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify National Review of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your mobile device even when the Service is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your mobile device through your mobile device and/or app settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.

6.6 National Review controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

7. Fees and Payments; Donations; Store Purchases

7.1 Many features of National Review are available without a paid subscription; however, some features and content require the purchase of a paid subscription to the Service (“Subscriptions”). Subscriptions are billed either monthly or annually depending on the level or type of Subscription. We may change the Subscription levels terms from time to time, and your continued use of the Service, including without limitation renewal or auto-renewal of your subscription, constitutes consent to those changes. Any violation of these Terms may result in cancellation of your Subscription. You must be 18 years of age or older to purchase a Subscription. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. Only one individual may access a Service at the same time using the same username or password unless we agree otherwise in writing.

7.2 Your selected payment method will be charged automatically on a recurring basis. Subscription fees will be billed at the beginning of your subscription and any renewal. As part of registering or submitting information to purchase a Subscription, you authorize National Review (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries National Review or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.

7.3 National Review may increase the price of Subscriptions at any time; however, we will give you notice of any price increase not less than seven (7) and not more than thirty (30) days before it takes effect, in a form you can keep. This advance notice will give you an opportunity to cancel your Subscription before the price increase goes into effect in the following billing cycle. If you do not cancel your Subscription before the price increase goes into effect, you will be deemed to have agreed to the price increase.

7.4 YOUR SUBSCRIPTION WILL BE RENEWED AUTOMATICALLY, AND YOU WILL BE CHARGED IN ADVANCE OF EACH BILLING CYCLE UNLESS YOU CANCEL YOUR RENEWAL. NATIONAL REVIEW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, NOT TO RENEW YOUR SUBSCRIPTION. For all subscriptions, you must cancel your automatic subscription renewal before it renews in order to avoid the billing of subscription fees for the renewal term to your credit card and/or stored payment method. Before you purchase a Subscription, we will clearly show you its automatic renewal terms, including the price, how often you will be billed and how to cancel, and we will obtain and keep a record of your consent to those terms. At least once a year, we will remind you of your Subscription’s renewal, its price and how to cancel.

Free Trials and Promotional Offers. We may offer free trials or promotional pricing for a Subscription. Before you sign up, we will tell you the length of any free trial, the price you will be charged when it ends, and how to cancel. Unless you cancel before the free trial ends, your Subscription will automatically convert to a paid Subscription, and your payment method will be charged at the then-current rate. Promotional codes and discounts apply only to the period stated in the offer and do not apply to renewals unless the offer says so.

7.5 If you cancel your subscription, the cancellation will go into effect at the end of your current subscription period. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next automatic renewal date in order to avoid being charged for the next renewal period. You may cancel your Subscription renewal by submitting a digital cancellation request by visiting the Customer Care page through your Account page or calling customer service at 800-464-5526.

7.6 Unless required by applicable law, all purchases of subscriptions, whether for yourself or as a gift are final and are nonrefundable/nonreturnable and there are no refunds or credits for partially used subscription periods or terms. We reserve the right to consider deviations from this policy for specific circumstances in our sole discretion. If under extraordinary circumstances we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

7.7 Donations. The Services may give you the opportunity to make a one-time or recurring donation, including during checkout for a Subscription or other purchase. Unless otherwise stated at the point of donation, donations made through the Services are made to [National Review Institute, a nonprofit organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code] (“NRI”), and National Review collects and processes such donations on NRI’s behalf. Donations, including donations made at the same time as a Store purchase or Subscription, are processed by our third-party payment processor, Recurly. Each donation is treated as a charitable contribution to NRI and is tax-deductible to the extent allowed by law. A donation is voluntary, is separate from and is not part of the price of any Subscription or other product, and does not entitle you to any Subscription, Content or other benefit, other than any thank-you gift expressly described at the point of donation. If you receive a thank-you gift or other goods or services in exchange for your donation, the tax-deductible portion of your donation is generally limited to the amount by which your donation exceeds the fair market value of the goods or services you receive, which will be stated in your donation receipt. Please consult your own tax advisor regarding the deductibility of your donation. You must be 18 years of age or older to make a donation. If you elect to make a recurring donation, you authorize us to charge your selected payment method the amount you selected, at the frequency you selected, until you cancel. You may cancel future recurring donations at any time by visiting the Manage Subscription page in your account or calling customer service at 800-464-5526, and your cancellation will take effect before the next scheduled donation. Unless required by applicable law or otherwise determined by us in our sole discretion, all donations are final and nonrefundable. Any message you submit with your donation is a Submission under these Terms.

7.8 Store Purchases. National Review may offer books, figurines and other physical merchandise for sale through the online store on the Site (the “Store”). These Terms apply to all purchases made through the Store. You must be 18 years of age or older to make a purchase from the Store. Product descriptions, images, prices and availability may change at any time without notice. We try to display them accurately, but we do not warrant that they are complete or error-free. The order confirmation email we send confirms that we received your order; it does not mean we have accepted it. Your order is accepted when we ship it. We reserve the right to limit quantities per customer or household, to refuse or cancel any order (including an order placed at an incorrectly listed price or one that appears to be placed for resale), and to discontinue any product. If we cancel an order after you have been charged, we will refund the amount charged to your original payment method. Prices are in U.S. dollars and do not include applicable taxes or shipping and handling charges, which will be shown at checkout. Sales tax, where it applies, is calculated at checkout based on the shipping address. Payments for Store purchases are processed by our third-party payment processor, Recurly, and your payment method is charged when you place your order. After Recurly accepts your payment, it notifies Shopify, the e-commerce platform we use to manage and fulfill Store orders, and your order and shipping information is shared with Shopify and our fulfillment partners for that purpose. Your use of Recurly is also subject to its own terms and privacy policy, and Shopify’s terms and privacy policy apply to the order information it receives. Promotional offers and discounts are valid only as stated in the offer, may not be combined unless the offer says so, and have no cash value.

7.9 Shipping and Delivery. We ship Store orders only to addresses within the United States using third-party carriers. Orders are generally processed within 3-7 business days, and any delivery date we provide is an estimate, not a guarantee. If we cannot ship your order within the time stated at checkout, or within thirty (30) days if no time is stated, we will notify you and give you the choice to agree to the delay or to cancel the order for a full refund, as required by applicable law. Title to products passes to you when we deliver them to the carrier. You are responsible for entering a complete and accurate shipping address. We are not responsible for an order delivered to an address entered incorrectly at checkout, and reshipping it may require additional shipping charges. If tracking shows your order as lost in transit, or your order has not arrived within [fifteen (15)] days after the estimated delivery date, contact us at [Support@nationalreview.com] within [thirty (30)] days after the estimated delivery date, and we will, at our option, reship the order or refund it. Once tracking shows an order as delivered to the address you provided, we are not responsible for a package that is lost or stolen after delivery. Shipping and handling charges are non-refundable except as provided in this Section and in Section 7.11.

7.10 All Sales Final; No Returns. ALL STORE SALES ARE FINAL. EXCEPT AS PROVIDED IN SECTIONS 7.9 AND 7.11 OR AS REQUIRED BY APPLICABLE LAW, WE DO NOT ACCEPT RETURNS OR EXCHANGES OF STORE PURCHASES AND DO NOT ISSUE REFUNDS OR CREDITS FOR THEM, INCLUDING FOR A CHANGE OF MIND, AN ORDERING ERROR, OR AN ITEM GIVEN AS A GIFT. Please review your cart carefully before completing your purchase. Once placed, an order cannot be changed or cancelled except as provided in Section 7.9 or as required by applicable law. Items sent back to us without our prior written authorization will not be accepted or refunded.

7.11 Damaged, Defective or Incorrect Items. Please inspect your order promptly when it arrives. If an item arrives damaged or defective, or you receive an item other than the one you ordered, contact us at Support@nationalreview.com within thirty (30) days of delivery and include your order number, a description of the problem, and photographs of the item and its packaging. If the item was sent as a gift, the recipient may make the claim using the order number. If we confirm the problem, we will, at our option, send you a replacement of the same item at no cost to you or, if a replacement is not available, refund the price paid for the affected item, including any shipping charges paid for it, to the original payment method. We may ask you to return the item using a prepaid shipping label that we provide; please do not send items back without our instructions. This Section does not cover damage that occurs after delivery or that results from misuse, accident or normal wear and tear. This Section also applies to a thank-you gift received for a donation under Section 7.7, which we will replace if it arrives damaged or defective. Thank-you gifts are not otherwise Store purchases and cannot be returned or exchanged. Approved refunds are issued to the original payment method, and your bank or card issuer may take additional time to post them. Processing a claim under this Section or Section 7.9, including sending a replacement or issuing a refund, may take from one (1) week to one (1) month after we confirm the problem.

7.12 Product Information and Safety. Some products, including children’s books and figurines, carry age recommendations or safety warnings on the product page or the packaging. Please review them before giving a product to a child, and supervise young children as those warnings advise. Colors and details of products may differ slightly from how they appear on your screen.

7.13 Disclaimer of Warranties for Store Products. EXCEPT AS PROVIDED IN SECTION 7.11, STORE PRODUCTS ARE SOLD “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL REVIEW DISCLAIMS ALL IMPLIED WARRANTIES FOR STORE PRODUCTS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR A DAMAGED, DEFECTIVE OR INCORRECT STORE PRODUCT IS THE REPLACEMENT OR REFUND DESCRIBED IN SECTION 7.11, AND THE LIMITATIONS IN SECTION 5.4 APPLY TO STORE PURCHASES.

8. Communications between National Review and Users

8.1 National Review reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service. You also consent to receive electronic communications about your Store purchases, donations and Subscriptions, including order and donation confirmations, receipts, shipping and delivery notices, notices of any shipping delay, and renewal and cancellation notices, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.

8.2 National Review may use and disclose information about you, including to advertising partners, as described in our Privacy Policy. For more information, including how to opt out of the sale or sharing of your personal data, please read our Privacy Policy.

8.3 National Review may contact you via email regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and we will use and share any information we obtain in such surveys as described in our Privacy Policy.

8.4 Text Messages. If you opt in to receive text messages from National Review at the number provided when you opt in, in addition to news, opinion, and general journalistic messages you agree to receive recurring automated marketing and informational text messages, such as offers, product announcements and order updates, and donation appeals at the mobile number you provide. Consent to receive marketing text messages is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time; you may receive one final message confirming that you have opted out. Reply HELP for help, or contact us at [Support@nationalreview.com]. Wireless carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or authorized user of the mobile number you provide, and you agree to tell us if that number changes or is disconnected. We will not share your mobile number or text message opt-in information with third parties for their own marketing purposes. Text messages are also governed by our Privacy Policy.

9. Software

9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by National Review, and any attempt at such sublicense, assignment or transfer shall be null and void. You may download, install and make one copy of such software for archival purposes only; provided, however, that you understand and agree that (a) by allowing you to download Software, National Review does not transfer title to the Software to you; (b) you may not copy, modify, adapt, transfer or create derivative works based on the Software without the prior written consent of National Review; (c) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (d) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.

10. Termination

10.1 You may cancel your subscription at any time. Upon termination, you will receive confirmation via email that the cancellation was processed. If you wish to cancel, call customer service at 1-800-464-5526 or visit your account settings > Manage Subscription > Cancel Subscription.

10.2 National Review may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.

11. Dispute Resolution; Class Waiver; Binding Arbitration

11.1 The laws of Texas shall govern these Terms. While we will make reasonable efforts to resolve any disagreements you may have with National Review, if these efforts fail you agree that all claims, disputes or controversies between you and National Review arising out of these Terms, or the purchase of any products or services, any donation made through the Services, or any automatic renewal or recurring donation program (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.

11.2 The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and National Review agree in writing. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.

11.3 A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms and Conditions, in which case these Terms govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.

11.4 The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.

11.5 YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NATIONAL REVIEW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in Texas.

11.6 ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THAT THE CLAIM AROSE.

11.7 Informal Dispute Resolution. Before either you or National Review files a Claim in arbitration or small claims court, the party bringing the Claim must send the other party a written notice describing the Claim and the relief sought. Notices to National Review must be sent as described in Section 12.7. For sixty (60) days after the notice is received, both parties will try in good faith to resolve the Claim informally. Any deadline to file the Claim, including the period in Section 11.6, is suspended (tolled) during this sixty (60) day period.

11.8 Right to Opt Out of Arbitration. You may opt out of the agreement to arbitrate in this Section 11 by sending written notice to National Review as described in Section 12.7 within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration. If you opt out, Claims will be resolved in court as described in Section 11.5, and the rest of these Terms will continue to apply to you.

11.9 Mass Arbitration. If twenty-five (25) or more similar Claims are filed against National Review by the same or coordinated counsel, or are otherwise coordinated, the Claims will be administered in batches under the AAA’s then-current rules for mass or multiple case filings, and you and National Review agree to cooperate in good faith with that process. Any deadline to file a Claim in a later batch is suspended (tolled) until that batch is administered.

12. Miscellaneous

12.1 Any and all information we collect on the Service is subject to our Privacy Policy. By using the Service, you agree to any and all actions taken by us with respect to your information in compliance with the Privacy Policy.

12.2 If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions of these Terms shall remain fully enforceable.

12.3 The failure of National Review to partially or fully exercise any rights or the waiver of National Review of any breach of these Terms by you shall not prevent a subsequent exercise of such right by National Review or be deemed a waiver by National Review of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of National Review under these Terms and any other applicable agreement between you and National Review shall be cumulative, and the exercise of any such right or remedy shall not limit National Review’s right to exercise any other right or remedy.

12.4 Entire Agreement. These Terms, together with our Privacy Policy and any additional terms shown to you at the point of purchase or donation, are the entire agreement between you and National Review about the Services and replace any prior agreements on that subject.

12.5 Assignment. You may not assign or transfer these Terms or any of your rights under them without our prior written consent. National Review may assign these Terms, in whole or in part, at any time without notice to you.

12.6 Survival. Sections 2, 3, 5, 7, 11 and 12, and any other provision that by its nature should survive, will survive any termination of these Terms or of your account.

12.7 Notices. Notices to National Review under these Terms must be sent to National Review, Inc., 19 West 44th Street, Suite 1701, New York, NY 10036, or by email to [Support@nationalreview.com].