Last Updated: January 2025
Thank you for visiting the StarTribune.com website, which is owned and operated by Star Tribune Media Company LLC, which we may refer to as “Star Tribune,” “we,” “us,” or “our.” The term “Site” means the website located at www.StarTribune.com, and these Terms of Use apply to you as a user of or visitor to the Site and constitute a legal agreement between you and us. As you read these Terms of Use, keep in mind that when we use the term “including,” it should be assumed to mean “including but not limited to.”
PLEASE READ THESE TERMS OF USE CAREFULLY. IN PARTICULAR, SECTION 18 (“ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER”) AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
1. Your Acceptance of These Terms of Use
2. Your Acceptance of Our Privacy Policy
3. Your Consent to Other Agreements
4. Trademarks
5. Ownership of The Site and Its Content
6. Your Feedback
7. Responsibility for User-Generated Content Posted On or Through The Site
8. Your Other Obligations
9. Removal of Content
10. Disclaimers
11. Limitation of Liability
12. Links to Third-Party Websites
13. Modification and Discontinuation
14. Waiver of Rights
15. Severability
16. Governing Law, Jurisdiction, and Venue
17. Indemnity
18. Arbitration Agreement With Class Action Waiver
19. These Terms of Use May Change
20. Entire Agreement
21. Questions
These Terms of Use include an Arbitration Agreement and Class Action Waiver that govern any disputes between you and the Star Tribune. This Arbitration Agreement will:
• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in a class action or consolidated proceedings.
__________________________________________________________________________
1. Your Acceptance of These Terms of Use | (back to top)
These Terms of Use apply to all users of and visitors to the Site. By accessing or using the Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
2. Your Acceptance of Our Privacy Policy | (back to top)
By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy, which is expressly incorporated into these Terms of Use, and governs our use of Personal Information and other information about you. “Personal Information” refers to information that identifies an individual, alone or in combination with other information available to us. Examples of Personal Information include your name, address, phone number, and email address. Before using the Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy. If there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control as to your use of the Site.
3. Your Consent to Other Agreements | (back to top)
When you sign up to use a special feature of our Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click–through” agreement. If any of the terms of the click–through agreement are different from the terms of these Terms of Use, the terms of the click–through agreement will supplement or amend this these Terms of Use, but only with respect to the matters governed by the click–through agreement.
4. Trademarks | (back to top)
The Star Tribune’s tradenames, logos, product and service names, graphics, button icons, trademarks, and service marks appearing on the Site (together, the “Star Tribune Marks”), whether formally registered or not, unless otherwise noted, are trademarks, service marks and/or trade dress of Star Tribune. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Site are the property of their respective owners. You are not authorized to display or use the Star Tribune Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Site without the prior written permission of those owners. The use or misuse of the Star Tribune Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted in these Terms of Use, is expressly prohibited.
5. Ownership of The Site and Its Content | (back to top)
The Site is owned by Star Tribune Media Company LLC. The term “Content” refers to all of the software and code comprising or used to operate the Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Site, including User-Generated Content. “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that visitors such as you post on or through the Site using the social networking tools we make available to you, but User-Generated Content does not include Feedback (as defined below). One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content may be made available instantaneously to others. Examples of User-Generated Content include comments posted beneath news reports available on our Site.
The Site, including all Content, is protected under applicable intellectual property and other laws, including the laws of the United States and other countries. All Content and intellectual property rights in the Site and the Content are the property of Star Tribune Media Company LLC, or the material is included with the permission of the rights owner, and in either case is protected under applicable copyright and trademark laws.
Text and images on the Site are protected by trademark or copyright law, and the presence of any Content on the Site does not constitute a waiver of any right in that Content. You do not acquire ownership rights to any Content accessed or viewed through the Site, and. except as otherwise provided in these Terms of Use or allowed by law, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
We grant visitors to the Site permission, to the extent necessary to lawfully access and use the Site, to display, download, or print portions of the Site on a temporary basis and for your personal, educational, noncommercial use only, but you must not (i) modify the Content or combine it with other materials; (ii) remove any copyright and other proprietary notices contained in the Content; and (iii) copy or post the Content on any network computer or publish or broadcast the Content in any media.
For information about obtaining permission to reuse or republish material owned by the Star Tribune, please click here. (Note that the Star Tribune cannot grant permission to reuse or republish material from other information providers, such as the Associated Press or New York Times News Service. Please contact them directly.)
6. Your Feedback | (back to top)
“Feedback” means any Content you provide to us or post on or through the Site that is specifically about how we can improve the Site and the products and services we make available through the Site. Although we do not claim ownership of User-Generated Content you post using the Site, the Feedback you provide to us through the Site will be and remain our exclusive property and will not be considered User-Generated Content. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interest in your Feedback, including all patents, copyrights, and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not intend to assign to us.
7. Responsibility for User-Generated Content Posted On or Through The Site | (back to top)
a. You are responsible for User-Generated Content that you post: Under no circumstances will we be liable in any way for any User-Generated Content. This means that you, not Star Tribune, are entirely responsible for all User-Generated Content that you post, and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it. Because we do not control the User-Generated Content posted on or through the Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing the Site, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including any errors or omissions in that content. We are not liable for any loss or damage of any kind you may claim was incurred as a result of our use of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through the Site. The User-Generated Content posted on or through the Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Star Tribune or any person or entity associated with Star Tribune.
b. You own User-Generated Content, but we may use it: You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using the Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not intend to license to us, including any photographs, videos, confidential information, or product ideas.
c. We may disclose and/or remove User-Generated Content: Star Tribune has certain rights. We have the right (but do not assume the obligation) to:
• monitor all User-Generated Content;
• require that you avoid certain subjects;
• remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
• disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Star Tribune or others, or to enforce these Terms of Use; and
• terminate your access to and use of the Site, or to modify, edit or block your transmissions to the Site in our sole discretion.
You agree that our exercise of these rights does not make us responsible for or the owner of User-Generated Content you post, and that you will retain responsibility for and ownership of that content as described above.
d. You also have certain obligations with respect to User-Generated Content. You agree not to:
Upload, post, transmit or otherwise make available:
• any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
• any User-Generated Content that constitutes or encourages activity that is illegal under criminal or civil law;
• any User-Generated Content that is false, misleading, or fraudulent;
• any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
• any request for or solicitation of any personal or private information from any individual;
• any request for or solicitation of money, goods, or services for private gain;
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
e. Your Representations and Warranties Regarding User-Generated Content. By posting User-Generated Content, you represent and warrant that (i) you are not impersonating or attempting to impersonate any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity, (ii) you are not violating any local, state, national, or international law, rule, or regulation, (iii) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant us the rights set forth in these Terms of Use; (iv) the User-Generated Content is accurate, and (v) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity. You agree that we have complete discretion in interpreting and applying these restrictions on User-Generated Content, and that we will not be liable to you in any way for any actions we take with respect to User-Generated Content.
8. Your Other Obligations | (back to top)
In consideration of your use of the Site, you agree that to the extent you provide Personal Information to Star Tribune it will be true, accurate, current, and complete and that you will update all Personal Information as necessary.
If you create an account through the Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use the Site in a manner consistent with any and all applicable laws, rules, and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or website. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve all rights and remedies available to us.
9. Removal of Content | (back to top)
a. In general. On certain pages of the Site, we may provide a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable Content by contacting us using the information provided below. While we do not have any obligation to remove Content from the Site merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back–up or residual copy of the Content we remove from the Site may remain on back–up servers.
b. Violation of copyrights. Star Tribune does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
c. Digital Millennium Copyright Act. If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on the Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site (including the URL, title and/or item number if applicable, or other identifying characteristics); your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
• a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
Copyright Agent
StarTribune.com
650 3rd Ave. South, Suite 1300
Minneapolis, MN 55488
Or email to:
DMCA@startribune.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and will not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
10. Disclaimers | (back to top)
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, STAR TRIBUNE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STAR TRIBUNE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SITE; (C) THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
STAR TRIBUNE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED STAR TRIBUNE SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF STAR TRIBUNE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES WILL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
11. Limitation of Liability | (back to top)
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER-GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THE SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED TEN DOLLARS ($10.00).
The Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
12. Links to Third-Party Websites | (back to top)
The Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Star Tribune is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of those websites.
13. Modification and Discontinuation | (back to top)
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof) and/or the information, materials, products and/or services available through the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.
14. Waivers of Rights | (back to top)
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for in these Terms of Use will not be deemed a waiver of any such provision or right. All waivers of rights must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Star Tribune of any breach of any provision of these Terms of Use or of any right provided for in these Terms of Use will be construed as a waiver of any continuing or later breach of that provision, a waiver of the provision itself, or a waiver of any other right under these Terms of Use.
15. Severability | (back to top)
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unenforceable, or contrary to law, then you and Star Tribune agree that provision will be severed from these Terms of Use, and the rest of the terms will remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Star Tribune agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
16. Governing Law, Jurisdiction, and Venue | (back to top)
These Terms of Use will be governed by the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in Hennepin County, Minnesota, except that we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.
17. Indemnity | (back to top)
You agree to indemnify and hold Star Tribune, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, cost (including reasonable attorneys’ fees incurred by those parties), liability, claim, or demand, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using the Site causes us to be liable to another. We reserve the right to defend any such claim, at your expense, and you agree to provide us with any reasonable cooperation and information as we may request.
18. Arbitration Agreement With Class Action Waiver | (back to top)
Binding Individual Arbitration; No Class Actions
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
a. Disputes that Must Be Arbitrated
This section of the Terms of Use applies to any “Dispute” between you and Star Tribune. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Star Tribune, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; and (iv) your or Star Tribune’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds.
b. Informal Resolution
If you have a Dispute against Star Tribune or if Star Tribune has a Dispute against you, Star Tribune will attempt to resolve the Dispute informally before an arbitration is filed to try to resolve the Dispute faster and reduce costs for both parties. You and Star Tribune will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Star Tribune receive a written notice of a Dispute from the other party (a “Notice of Dispute”) in accordance with these Terms of Use.
You must send any Notice of Dispute to the following address:
Minnesota Star Tribune
c/o General Counsel
650 3rd Ave. South, Suite 1300
Minneapolis, MN 55488
Or email to:
Star Tribune will send any Notice of Dispute to ATTN: NOTICE OF DISPUTE to the email address and any postal address you have provided Star Tribune. To be a “compliant Notice of Dispute,” the Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The compliant notice requirement is designed to allow Star Tribune (or you, in the case of a dispute Star Tribune asserts against you) to understand the nature of the Dispute and to make a fair, fact-based offer of settlement if Star Tribune or you choose to do so. You and Star Tribune cannot proceed to arbitration unless this information has been provided. If you or Star Tribune proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.
c. Small-Claims Court
You and Star Tribune agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Hennepin County, Minnesota may be brought by either party as individual actions in such small-claims courts. Star Tribune hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.
d. Binding Individual Arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Star Tribune consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and Star Tribune agree that Disputes will be settled by binding individual arbitration conducted by JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider, according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures (available at https://www.jamsadr.com/adr-rules-procedures/) (“Arbitration Rules”), as modified by these Terms of Use. These Terms of Use affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
“Arbitration” means that eligible Disputes between you and Star Tribune will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Binding” means that both you and Star Tribune will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms of Use, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
“Individual” means that the arbitrator may award the same remedies to you or to Star Tribune as a court could, but only to satisfy your or Star Tribune’s individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.
e. Arbitration Procedure and Location
You or Star Tribune may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the Arbitration Rules. Instructions for filing a Demand for Arbitration are available at www.jamsadr.com. You will send a copy of any Demand for Arbitration to the following address:
Minnesota Star Tribune
c/o General Counsel
650 3rd Ave. South, Suite 1300
Minneapolis, MN 55488
Or email to:
Star Tribune will send any Demand for Arbitration to the email address and to any address you have provided Star Tribune.
The arbitration will be conducted by a single arbitrator. You and Star Tribune both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Use.
For Disputes in which (i) the total available recovery is less than $10,000 or (ii) the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Hennepin County, Minnesota unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Arbitration Rules.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Star Tribune agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Star Tribune to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).
An arbitration award, and any judgment confirming it, applies only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
f. Consumer Arbitration Fees
Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs.
g. Notice and Filing
To the fullest extent permitted by applicable law, you or Star Tribune must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or Star Tribune to bring a claim for a Dispute sooner than one year after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section will bar the Dispute, which means that to the fullest extent permitted by applicable law, you and Star Tribune will not have the right to assert the Dispute.
h. Coordinated Filings
If 25 or more Disputes are initiated against Star Tribune that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Star Tribune will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Arbitration Rules and JAMS’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Star Tribune, but demands for arbitration in Coordinated Cases may only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Star Tribune will not be required to pay any fees associated with cases that this agreement to arbitrate does not allow to be filed.
Once all Notices of Dispute have been provided to Star Tribune for Coordinated Cases, counsel for claimants and counsel for Star Tribune shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Star Tribune do not agree on the number of bellwethers, the number will be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Star Tribune, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph is to be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Star Tribune.
A single arbitrator will preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinated Cases and Star Tribune agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Star Tribune must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Star Tribune cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Star Tribune will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings will no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Hennepin County, Minnesota or if federal jurisdiction exists, in the United States District Court for the District of Minnesota, and you consent as part of these Terms of Use to venue such cases exclusively in these courts. Nothing in this paragraph is to be construed as prohibiting either you or Star Tribune from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Star Tribune reserves the right to contest class certification at any stage of the litigation and on any available basis.
A court will have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
i. Continuation in Effect
The dispute resolution process set forth in this agreement to arbitrate survives the termination of any other agreement between you and Star Tribune.
j. Future Terms Changes
Although Star Tribune may revise these dispute resolution terms in its discretion, Star Tribune does not have the right to alter these Terms of Use, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if a change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant will be decided by the arbitration provider as a process matter.
k. Class Action Waiver
To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Subsection h – Coordinated Filings) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Star Tribune reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and Star Tribune will only bring disputes, claims, or controversies between Star Tribune and you in an individual capacity only and shall not:
• seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
• consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms of Use.
l. Your 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Use (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision to the following address:
Minnesota Star Tribune
c/o: General Counsel
650 3rd Ave. South, Suite 1300
Minneapolis, MN 55488
Or email to;
Your notice must include your name, mailing address, and email address associated with your account with Star Tribune, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Use. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Star Tribune receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Star Tribune will not be bound by them with respect to disputes with you.
19. These Terms of Use May Change | (back to top)
We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of the Site. These changes will be effective as of the date we post the revised version on the Site. Your continued use of the Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.
For your convenience, whenever these Terms of Use are changed, we will update the “effective date” at the top of this page. If you have not used the Site recently, be sure you check the effective date to see if these Terms of Use have been revised since your last visit.
You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” in the universal footer of the Site.
20. Entire Agreement | (back to top)
These Terms of Use (together with our Privacy Policy and any click–through agreements applicable to you) contain the entire understanding and agreement between you and Star Tribune with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Star Tribune with respect to the Site and your use of the Site.
21. Questions | (back to top)
If you have any questions about the Site or these Terms of Use, please contact us using the following information:
StarTribune.com
650 3rd Ave. South, Suite 1300
Minneapolis, MN 55488
Phone: 612–673–4343 or 1–800–775–4344
Email: feedback@startribune.com