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Terms of Use

PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS SITE OR OUR MOBILE SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

You are accessing and using a site provided by Cosgrove Meurer Productions, Inc. or its parent, subsidiaries or affiliates (collectively, “CMP,” “we,” “us,” or “our”) which is subject to these Terms of Use. These Terms of Use are a legally binding agreement between you and CMP and govern your use of our digital, or mobile services, including our websites, podcasts, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms (which are incorporated herein by reference) and acknowledge our collection and use of your information as described in the Privacy Policy(ies) applicable to the Service (“Privacy Policy”). If you do not wish to be bound by these Terms or Additional Terms, do not access or use the Service.

1. How We Can Update These Terms

We may change these terms occasionally. We’ll notify you by posting updates on our service. Continuing to use the service after changes means you accept the new terms. Always review the latest version.

2. Your Representations

By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you have sufficient legal capacity to enter into this Agreement. You represent and warrant that you have read, understand, and agree to abide by these Terms, and that you have read and understand the data collection and use practices set forth in the Privacy Policy. By accessing or using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the Service will comply with the United States Export Control and Economic Sanctions requirements.

3. Content and the Service

CMP grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Service, subject to your complete compliance with these Terms of Use. The Service may allow you to view, preview, select, stream, and access certain content, including video, audio, graphics, photos, and text (collectively, “Content”). Access may be limited by device, region, time, or subscription level.

Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and CMP reserves the right to fully prosecute such violations and enforce its rights. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and Content. Any authorization to copy material granted by CMP in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices. We may modify, suspend, or discontinue any part of the service at any time, with or without notice. The service does not provide legal, financial, medical, or professional advice.

4. Investigations and Termination

You agree that CMP has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if CMP believes the information you provide is not correct, current, or complete, or that you have otherwise violated this Agreement or any applicable law. You agree that CMP may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY CMP DURING OR AS A RESULT OF THESE INVESTIGATIONS.

5. Third-Party Services

We may link to third-party sites or services (streaming platforms, shopping or e-commerce, etc.). We don’t endorse them and aren’t responsible for their content, accuracy, security, or legality. Your dealings with third parties are solely between you and them. Review their own terms and privacy policies.

6. User-Generated Content

What Happens When You Submit Content

From time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant CMP a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of CMP necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person. User Content and your personal information may be provided to law enforcement in the sole discretion of CMP. You hereby waive any right to inspect or approve the final display or any other exploitation of User Content now or in the future, whether that use is known to you or unknown, and you waive any right to royalties or any other compensation arising from or related to the use of User Content.

By uploading, providing or otherwise making available User Content you represent, warrant, and covenant that:

  • You wholly-own User Content or have the sole and exclusive right to permit CMP (including Unsolved Mysteries and unsolved.com) to use, reproduce, edit, prepare derivative works of, publicly display, publicly perform, publish, distribute and otherwise exploit Your User Content (in whole or in part), your name and any other information provided or otherwise made available in connection with Your User Content) without obligation or liability to you or any other party whatsoever. This includes the right to sublicense any or all such rights to third parties. We may require “reasonable proof of ownership” of User Content.
  • You give CMP the right to make visual and audio recordings of you, with the irrevocable right to use such recordings as well as your name, voice, appearance, activities and experiences and any other information you provide or otherwise make available to us. Such use includes promotions, publicity and advertising in CMP’s sole discretion.
  • You have the right to enter into this Agreement and to grant, without the consent of any third parties, all the rights and licenses herein granted; that you have not exclusively granted or assigned or otherwise transferred any such rights to any third parties; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit, or diminish the rights granted to CMP hereunder.
  • User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party publicity or privacy rights.
  • You, on behalf of yourself, your successors, heirs, representatives and assigns, will not assert a claim or maintain an action or suit and will not consent to or otherwise support the assertion or maintenance by others of any claim, action or suit (including claims, actions or suits for invasion of your rights of privacy, rights of publicity, defamation or rights in the nature of “droit moral”) of any kind on account of the exercise by CMP of any of the rights herein granted or agreed to be granted to CMP.
  • If any minors appear in User Content, you are a parent or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minors to grant the rights set forth herein to CMP on behalf of such minors.

Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. To the extent that User Content is published on the Service, CMP only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. CMP is under no obligation to monitor User Content or use of the Service. However, CMP has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. CMP reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.

7. Code of Conduct

You agree not to use the Service to distribute User Content that is illegal, infringing, defamatory, abusive, harassing, threatening, obscene, pornographic, racist, or otherwise offensive; that exploits or harms children; that promotes unauthorized commercial activity or solicitations; that is subject to confidentiality obligations; that displays third-party logos or trademarks; that targets individuals, companies or organizations, that disguises its source or misrepresents its author; or that links to third-party sites violating these standards.

In using the Service, you further agree not to interfere with its operation, copy or exploit any part of it (other than as authorized, with public search engines granted a limited revocable crawling right), or use viruses, hacking tools, or other means to compromise its administration or security. You may not assign or transfer your rights or obligations under this Agreement without CMP’s prior written consent, which may be withheld at its sole discretion. You also agree not to use the Service for commercial purposes such as spam or other malicious or disruptive communications; to decompile, reverse engineer, or disassemble any software or digital rights management features on the Service; to copy, data mine, scrape, or extract any Service content or data for the purpose of training AI or machine learning models; or to intercept, record, or modify communications between the Service’s apps or software and CMP’s systems.

8. Unsolicited Submissions

Please be aware that CMP does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by CMP staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send CMP any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and CMP and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.

9. International Use

CMP makes no representation that every aspect of the Service is appropriate or available in any particular jurisdiction. By accessing and using the Service, you agree that you do so on your own initiative and at your own risk; that you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States; that you are responsible for complying with applicable local laws and regulations; and that you will comply with all applicable laws governing the export of technical data from your country of residence. If any terms herein conflict with your rights under the law of your place of residence, those legal rights will control as to those specific terms.

10. Warranty Disclaimer

USE AT YOUR OWN RISK.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CMP DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CMP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE. CMP MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND CMP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

11. Liability Limits

Cap on Damages

IN NO EVENT WILL CMP’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO CMP IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE. FURTHERMORE, CMP WILL NOTE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THE FOREGOING LIMITATION APPLIES TO ANY AND ALL CAUSES OF ACTION AND/OR LEGAL THEORIES ALLEGEDLY ARISING AND/OR RELATED TO USE OF THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SUBJECT TO SECTION 15 OF THIS AGREEMENT, TO THE EXTENT PERMITED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT OF COMPETENT JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 13, THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE (ALTHOUGH FOR THE SAKE OF CLARITY, IT MAY BE FURTHER EXTENDED IF YOUR DISPUTE, CLAIM OR CONTROVERSY IS PART OF A MASS FILING AS CONTEMPLATED IN SECTION 15). EXCEPT AS SET FORTH IN SECTION 13, YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

12. Your Duty to Indemnify

You agree to indemnify and hold harmless CMP and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

13. Dispute Resolution; Binding Arbitration; Class-Action and Jury-Trial Waiver

We endeavor to resolve customer concerns quickly to the customer’s satisfaction. Please contact us via email to unsolved@unsolved.com.

In the unlikely event that you’re not satisfied with customer service’s solution, and you and CMP are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would be in court.

IMPORTANT NOTICE. PLEASE READ THIS SECTION CAREFULLY.

EXCEPT FOR THE CLAIMS DESCRIBED BELOW, YOU AND CMP AGREE TO RESOLVE ALL DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. ARBITRATION DOES NOT USE A JUDGE OR JURY, AND JUDICIAL REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU AND CMP EACH WAIVE THE RIGHT TO A JURY TRIAL AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

  1. Agreement to Arbitrate. Except as expressly provided in this Section, you and CMP mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any transaction or relationship between you and CMP, or any communication between you and CMP, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding individual arbitration. This agreement applies to claims that arose before or after your acceptance of these Terms, but it does not apply to any claim for which you timely exercise the opt-out right below. The arbitrator shall decide all issues relating to the scope, enforceability, and application of this Section, except that a court of competent jurisdiction shall decide any issue concerning the validity or enforceability of the Class-Action Waiver, the Representative-Action Waiver, or the Mass Arbitration procedures below.
  2. Federal Arbitration Act. These Terms evidence a transaction involving interstate commerce. The Federal Arbitration Act governs the interpretation and enforcement of this Section and the arbitration proceedings, notwithstanding any other choice-of-law provision in these Terms.
  3. Informal Dispute Resolution. Before initiating arbitration, the claimant must send the other party an individualized written notice of dispute that includes the claimant’s name and contact information, the account information associated with the claim, a detailed description of the dispute, the specific relief requested, and the claimant’s personal signature. You must send your notice to the CMP address and email set forth below. CMP must send its notice to the contact information associated with your account. The parties shall confer in good faith, personally and individually, to attempt to resolve the dispute. Neither party may initiate arbitration until 60 days after the other party receives a compliant notice. Any applicable limitations period, filing deadline, or contractual deadline shall be tolled during that 60-day period. Compliance with this paragraph is a condition precedent to arbitration, and a court of competent jurisdiction may enjoin an arbitration commenced without such compliance.
  4. Arbitration Procedure. The arbitration shall be administered by JAMS under its applicable consumer arbitration rules, as modified by this Section. If JAMS is unavailable or unwilling to administer the arbitration consistent with this Section, the parties shall attempt in good faith to select another neutral arbitration provider. If they cannot agree, either party may ask a court of competent jurisdiction to appoint a neutral provider or arbitrator. The arbitration shall be conducted by one neutral arbitrator in English. The arbitrator may award on an individual basis any remedy available in court, subject to the limitations in these Terms and applicable law, and shall issue a reasoned written decision sufficient to explain the essential findings and conclusions supporting the award. Judgment on the award may be entered in any court having jurisdiction.
  5. Hearing Location and Format. Unless you and CMP agree otherwise, the arbitration shall occur by video conference, telephone, or written submissions, at your election, except that the arbitrator may require an in-person hearing when reasonably necessary for a fair proceeding. Any in-person hearing shall take place in Los Angeles County, California, unless applicable law or the arbitration forum’s consumer rules entitle you to a different location or the parties agree to another location.
  6. Arbitration Fees. CMP shall pay all arbitration filing, administration, case-management, hearing, and arbitrator fees that applicable law or the arbitration forum’s consumer rules require it to pay. You shall not be required to pay more in arbitration filing fees than you would pay to file the same claim in a court of competent jurisdiction. Each party shall bear its own attorneys’ fees and expenses unless the arbitrator awards them under applicable law or these Terms. CMP will not seek reimbursement of arbitration fees from you unless the arbitrator determines that your claim was frivolous or brought for an improper purpose under the standards applicable in court.
  7. Excluded Claims and Court Relief.
  8. Small Claims. Either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies for that court and remains there solely on an individual, non-representative basis. If a party files a qualifying claim in arbitration, the other party may elect to have it resolved in small claims court by giving written notice before an arbitrator is appointed, and the arbitration shall then be closed without prejudice.
  9. Temporary and Emergency Relief. Either party may seek a temporary restraining order, preliminary injunction, attachment, or other emergency relief from a court of competent jurisdiction when necessary to preserve the status quo or prevent immediate and irreparable harm pending arbitration. Seeking such relief does not waive the obligation to arbitrate the underlying dispute.
  10. Public Injunctive Relief. Nothing in this Section waives or limits any non-waivable right to seek public injunctive relief. If applicable law prohibits arbitration of a request for public injunctive relief, that request shall be decided by a court after the parties arbitrate all arbitrable claims and remedies, unless applicable law requires a different procedure.
  11. Individual Proceedings; Class and Representative Action Waivers.
  12. Class-Action Waiver. YOU AND CMP AGREE THAT EACH PARTY MAY ASSERT CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED ACTION. Except as expressly provided in the Mass Arbitration procedures below, the arbitrator may not combine claims involving different persons or preside over any form of class, collective, coordinated, or consolidated proceeding.
  13. Representative-Action Waiver. To the fullest extent permitted by law, you and CMP waive the right to bring or participate in any representative action on behalf of other persons. This waiver does not waive any individual claim or remedy that applicable law does not permit the parties to waive.
  14. Jury-Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CMP EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE, WHETHER THE DISPUTE IS RESOLVED IN ARBITRATION OR IN COURT.
  15. Mass Arbitration Procedures. If 25 or more substantially similar arbitration demands are asserted against the same party within a 180-day period by or with the assistance of the same or coordinated counsel or organizations, the demands constitute a “Mass Arbitration.” The following procedures shall apply:
  16. Counsel for the claimants and CMP shall confer in good faith regarding the efficient and fair administration of the demands, including the selection of test cases, information exchange, scheduling, and mediation.
  17. The arbitration forum shall group the demands into batches of no more than 25 demands, except that a smaller final batch may include the remaining demands. Each batch shall be assigned to one arbitrator and administered as a coordinated group, while each claimant retains an individual proceeding, individual decision, and individual award.
  18. Unless the parties agree otherwise, no more than one batch shall proceed at a time. After the first batch is resolved, the parties shall participate in a mediation covering the unresolved demands before the next batch proceeds.
  19. The arbitration forum shall apply one set of administrative and arbitrator fees to each batch to the extent permitted by its rules and applicable law. This provision shall not increase any amount an individual consumer must pay.
  20. All limitations periods, filing deadlines, and contractual deadlines applicable to a demand shall be tolled from the date the claimant submits a compliant informal notice under Paragraph C until the demand may proceed under this Paragraph.
  21. If a court determines that a particular aspect of these procedures is unenforceable as applied to a claimant or batch, that aspect shall be severed, and the affected demand or batch shall proceed in individual arbitration to the fullest extent permitted by law. These procedures shall not delay emergency relief or relief that applicable law requires to proceed without delay.
  22. Opt-Out Right. You may opt out of this arbitration agreement (but you may not opt out of the separate class action waiver) by sending an individualized written opt-out notice to the CMP physical and emails addresses set forth below within 30 days after you first accept these Terms. The notice must include your full name, the email address or account identifier associated with your account, a clear statement that you wish to opt out of the arbitration agreement, and your personal signature. Opting out of arbitration will not affect any other provision of these Terms or your access to the Service, and CMP will not retaliate against you for exercising this right. An opt-out notice applies only to the individual who submits it and does not opt out any other person. If you previously accepted an arbitration agreement with CMP and did not timely opt out, opting out of a later version will not affect the earlier agreement.
  23. California Governing Law and Court Venue. Except to the extent the Federal Arbitration Act governs this Section, the laws of the State of California govern these Terms and any dispute, without regard to conflict-of-laws principles. This choice of law does not deprive a consumer of any protection that cannot be waived under the law that would otherwise apply. Any court proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to the personal jurisdiction and venue of those courts; provided, however, that a consumer may bring an individual small claims action or any other non-waivable claim in any court authorized by applicable law.
  24. Severability. Except as otherwise provided in this Section, if any provision of this Section is held invalid or unenforceable, that provision shall be severed and the remainder shall remain in effect. If a final decision determines that the Class-Action Waiver is invalid or unenforceable as to a particular claim or request for relief, that claim or request shall proceed in court, and any enforceable individual claims shall remain subject to arbitration. Under no circumstances may an arbitrator conduct a class, collective, or representative arbitration unless CMP expressly agrees in writing.
  25. Online Assent. By selecting the checkbox or activating the button indicating that you agree to these Terms, including the BINDING ARBITRATION AND CLASS-ACTION WAIVER, or by taking another affirmative action that clearly communicates assent after receiving conspicuous notice of these Terms, you acknowledge that you have had an opportunity to review this Section and agree to be bound by it. CMP shall make these Terms reasonably available before assent and shall maintain records reasonably sufficient to establish the version accepted, the date and time of acceptance, and the account or device associated with the acceptance.
  26. Survival. This Section survives termination of these Terms, closure of your account, completion of any transaction, discontinuation of the Service and any bankruptcy or assignment, to the extent permitted by applicable law.
  27. General Terms
  28. Force Majeure CMP will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
  29. No Waiver; Severability No failure or delay by CMP in exercising its rights under this Agreement will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same. Except as specified in Section 16 (Dispute Resolution), if any portion of this Agreement shall be unlawful, void, or for any reason unenforceable, then that portion shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions or portions thereof.
  30. Entire Agreement; Headings; Survival These Terms represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.
  31. Copyright Agent

If you believe that any User Content or other material on the Service infringes your copyright, please send written notice to our Copyright Agent at the address below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), including your name, address, telephone number, and (if available) email address; a description of the copyrighted work you claim has been infringed; the exact URL or location of the allegedly infringing material; a statement that you have a good faith belief that the disputed use was not authorized by you, your agent, or the law; your electronic or physical signature (or that of a person authorized to act on your behalf); and a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the allegedly infringed exclusive right.

The above information must be submitted to CMP’s Copyright Agent at the following address:

Cosgrove Meurer Productions, Inc.
Attn: Legal Department
4303 W. Verdugo Ave.
Burbank, CA 91505
unsolved@unsolved.com

If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

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