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Terms of Use

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IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY. 

Twin Cities Public Television, Inc. (“Twin Cities PBS,” “us,” “we,” or “our”) owns tpt.org, , and provides applications, digital platforms, and content (downloadable and non-downloadable) through the aforementioned website (the "Services"). 

Your use of the Services signifies your agreement to these Terms of Use, our Privacy Policy and all disclaimers and terms and conditions that appear elsewhere on the Services, which are incorporated herein by this reference. If you do not agree to these terms and conditions of use, please do not use the Services.   

1. Registration 

Certain components, features, or services available on the Services may, now or in the future, only be accessible after registration and creation of an account. When creating your account, you must provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or if Twin Cities PBS has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Twin Cities PBS has the right to suspend or terminate your account and access to the Services. You will receive a password and login name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name and are solely responsible for all activities that occur with your password and login name. You must immediately notify Twin Cities PBS of any unauthorized use of your account or any other breach of security. Twin Cities PBS will not be liable for any losses (including your or third-party losses) caused by any unauthorized use of your account. 

2. Intellectual Property 

Twin Cities PBS is the owner or licensee of the Services and all content, features, and functionality on our Services, including but not limited to, text, graphics, logos, data files, information, photographs, drawings, images, sounds, music, videos, audio files and the “look and feel” of the Services (collectively, “Content”).  All Content contained in the Services are protected by copyright or other intellectual property rights and are owned or licensed by Twin Cities PBS. You shall have no rights or interests in the Services or Content except as set forth in these Terms of Use. You will abide by and shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices), information, or restrictions contained in any Content in the Services. You may copy and download only the Content designated within the Services as downloadable for personal, noncommercial use only, provided that you make no modifications to the materials and retain all copyright and other proprietary notices contained in such content. You may not distribute, modify, transmit, reuse, re-post, rent, lease, lend, sell, sublicense, assign, publish, reproduce, transfer, upload, or otherwise use or make available the Content for public or commercial purposes without Twin Cities PBS’s written permission. You shall have no right to make or use copies of the Services or Content. 

3. Trademarks 

All trademarks, service marks, trade names, slogans, and all related product and service names, trademarks, and logos are proprietary and are owned or licensed by Twin Cities PBS (collectively, “Marks”).  No license is granted in connection with the Marks. All rights are reserved by the respective owners. You may not use the Marks without Twin Cities PBS’s prior written consent. 

4. User Generated Content 

The Services may now or in the future permit the submission of videos, images, textual content or other content submitted by you and other users ("User Generated Content") and the hosting, sharing or publishing of such User Generated Content. You are and shall remain solely responsible for any of your User Generated Content, including its legality, reliability, accuracy and appropriateness. You understand that Twin Cities PBS does not guarantee confidentiality with respect to any such User Generated Content. You acknowledge that User Generated Content may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Twin Cities PBS staff and on the Internet by the general public. You acknowledge that the Services, including its features, is for public and not private communications. Twin Cities PBS does not and cannot review all materials posted to the Services by users, and Twin Cities PBS is not responsible for any such materials posted by users. However, Twin Cities PBS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any information or materials that in Twin Cities PBS’s sole discretion are objectionable or in violation of these Terms of Use. 

Unless you enter into a separate written agreement with Twin Cities PBS, Twin Cities PBS does not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to the Services, you expressly grant Twin Cities PBS and its affiliates and successors and assigns an irrevocable, perpetual, and unrestricted license to the User Generated Content for any purpose whatsoever, including to use, reproduce, adapt, perform, display, distribute, publish, broadcast, post, modify, transmit, and create derivative works of any such User Generated Content in any form worldwide, without providing credit or payment to you. Twin Cities PBS does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and Twin Cities PBS expressly disclaims any and all liability in connection with User Generated Content. 

You agree that no User Generated Content will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) contain any material that is libelous, unlawful, abusive, offensive, obscene, harassing, or otherwise objectionable; (iii) contain pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law; (iv) promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (v) be likely to deceive any person; (vi) cause annoyance, inconvenience, or be likely to upset any other person; (vii) impersonate any person or misrepresent your identity or affiliation with any person or organization; (viii) involve commercial activities or sales, including sales promotions, contests, or advertising; or (ix) give the impression that they originate or are endorsed by Twin Cities PBS or any other person or entity. 

5. Restrictions 

You agree that: (a) you will not upload, post or transmit to or distribute or otherwise publish through the Services any materials which (i) restrict or inhibit any other user from using and enjoying the Services, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, (viii) contain material that may be harmful to minors; or (ix) constitute or contain false or misleading indications of origin or statements of fact; (b) send spam or any other form of duplicative and unsolicited messages to any third party or other users through our Services; (c) harvest, collect, gather or assemble information or data regarding other users of our Services or Content without their consent; (d) knowingly interfere with or disrupt the integrity or performance of our Services or Content or attempt to gain unauthorized access to our Services, computer systems or networks related to our Services; (e) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from our Services or Content or by any means whatsoever; (f) distribute, disclose or allow use of any of our Services in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; (g) create Internet “links” to or from our Services, or “frame” or “mirror” any of our Content which forms part of our Services; or (h) modify or create derivative works of our Services, Content, or any portion thereof. 

6. Access Limitations 

You shall be solely responsible for providing, maintaining, and ensuring compatibility with our Services access requirements, all hardware, software, electrical or other physical requirements for your use of our Services, including without limitation, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs, and services required to access the Internet or to use our Services. You acknowledge and agree that from time to time our Services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance or repairs; or (iii) other causes beyond our control. Additionally, because our Services are accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g. your ISP). 

7. Third Party Providers 

You acknowledge that Twin Cities PBS contracts with our third-party development, application and data hosting, wireless network services, payment processing, and other technology services providers to provide our Service functionality (“Third-Party Providers”). Twin Cities PBS is responsible for ensuring that our Third-Party Providers abide by these Terms of Use. You have no contractual relationship with any of our Third-Party Providers, and you are not a third-party beneficiary of any agreement between Twin Cities PBS and any Third-Party Provider.  

8. Links to Third Party Sites 

The Services contain links and pointers to other related websites and resources. Links to and from the Services to other third-party sites do not constitute an endorsement by Twin Cities PBS or any of its affiliates of any third-party resources or their contents. We have no control over the contents of such third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites or resources linked to the Services, you do so at your own risk and subject to the terms and conditions of use for such third-party sites or resources. 

9. Indemnification 

You hereby agree to indemnify, defend (at Twin Cities PBS’s election) and hold Twin Cities PBS, and all its officers, directors, owners, agents, employees, affiliates, Third-Party Providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Services and Content and any breach by you of these Terms of Use including, without limitation, reasonable attorney's fees and costs. In no event will you settle any matter without the written consent of Twin Cities PBS. Twin Cities PBS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you will cooperate as fully as reasonably required by Twin Cities PBS in the defense of any claim at your sole expense. 

10. Disclaimer of Warranties & Limitations of Liability 

Disclaimer: THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TWIN CITIES PBS AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, AGENTS, THIRD-PARTY PROVIDERS, LICENSORS, AND OTHER REPRESENTATIVES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SERVICES, CONTENT OR INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERLINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE. FURTHER, TWIN CITIES PBS AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, AGENTS, THIRD-PARTY PROVIDERS, LICENSORS, AND OTHER REPRESENTATIVES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUALITY OF INFORMATION, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TWIN CITIES PBS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWIN CITIES PBS IS NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE SERVICES OR CONTENT. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply. 

Limitation of Liability: UNDER NO CIRCUMSTANCE, INCLUDING NEGLIGENCE, SHALL TWIN CITIES PBS, ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, THIRD-PARTY PROVIDERS, LICENSORS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON CONTENT AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. THE FOREGOING SHALL APPLY EVEN IF TWIN CITIES PBS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Remedy: IF YOU BECOME DISSATISFIED IN ANY WAY WITH OUR SERVICES OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF OUR SERVICES AND CONTENT. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TWIN CITIES PBS AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, AGENTS, THIRD-PARTY PROVIDERS, LICENSORS, AND OTHER REPRESENTATIVES ARISING OUT OF YOUR USE OF OUR SERVICES AND CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, AND/OR FOR ANY AND ALL OTHER LIABILITIES, HOWEVER ARISING, THE AGGREGATE LIABILITY OF TWIN CITIES PBS AND ITS AFFILIATES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF OUR SERVICES IN THE TWO MONTHS PRIOR TO YOUR CLAIM. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. OUR SERVICES AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. 

Claims: Any claims you have arising in connection with your use of our Services and Content must be brought within one (1) year of the date of the event giving rise to such action. Remedies under these Terms of Use are exclusive for your claims and are limited to those expressly provided for in these Terms of Use. The foregoing shall not apply to our claims for your infringement of our intellectual property rights or your violations of the restrictions noted in Section 5. 

11. Mobile Devices 

Twin Cities PBS may offer certain features and services that are available to you via your mobile and wireless devices. Twin Cities PBS’s Services are free to use; however, the usage will contribute to the data usage and fees may be charged by your carrier for your mobile or wireless device. Fees and charges may appear on your bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features or there may be certain features that are not compatible with your carrier or mobile or wireless device. 

12. Termination 

Twin Cities PBS may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or Content. Twin Cities PBS may also impose limits on certain features and services or restrict your access to parts or the entire Services and/or Content without notice or liability. 

13. Privacy Policy 

The Twin Cities PBS’s Privacy Policy, located here , which is incorporated herein by this reference, provides additional terms and conditions that apply to your use of our Services. If you do not agree to the ways we collect, use, and disclose personal information as set forth in our Privacy Policy, please do not use the Services. 

14. Notification of Copyright Infringement 

If you are a copyright owner or an agent of a copyright owner and believe that any content contained in the Services infringes upon your copyrights, you may submit a notification to Twin Cities PBS’s Designated Agent pursuant to the Digital Millennium Copyright Act ("DMCA") section 17 USC 512 (c) (3). All notifications of claimed copyright infringement must comply with the DMCA and should be sent to Twin Cities PBS’s Designated Agent: Shari Aberle, Legal Department, Twin Cities Public Television, Inc., 172 East Fourth Street, Saint Paul, Minnesota 55101. 

Your notification should contain the following: 

  • Identification of the copyrighted work or representative list of works claimed to be infringed. 
  • Identification of the infringing material and its location (URL or specific page where it appears). 
  • A statement of good faith belief that the use is not authorized by the copyright owner, license, or law. 
  • A signed statement, under penalty of perjury, that the information in the notice is accurate and that the requester is authorized to act on behalf of the copyright owner. 
  • Contact information for the claimant (name, address, email, and phone number). 

For accuracy, include the dates of publication, screenshots when helpful, and any relevant licensing information.  

15. Requests to Reproduce Twin Cities PBS’s Copyrighted Materials 

Twin Cities PBS’s websites feature copyrighted material that may be of interest to users for reproduction or retransmission. To request permission to reproduce copyrighted material, or to ask general questions about our reprint policies, contact us at:  

Email: [email protected] (preferred contact method) 

Twin Cities PBS 

Address: 172 East Fourth Street 

Saint Paul, Minnesota 55101 

Phone: 651.229.1348 

Please include the following information with your request: 

  • Your name, organization, address, phone number and e-mail.  
  • A description of the copyrighted work you would like to use (e.g., date and location of publication, title, author, photographer, URL, etc.).  
  • A description of how you plan to use the item, including the anticipated length of use and format  (e.g., Print: book, magazine, photocopies; Electronic: Internet, intranet, e-book, DVD; Audio/visual, etc.). 
  • The circulation or number of copies you want to make or the anticipated viewership. 
  • The price you intend to charge for your product or publication. 
  • The date of your event, or the deadline date for your publication. 
  • Any other information which might be helpful to us in considering your request, including your proposal for a reuse fee in light of your project budget and comparable fee quotes from copyright owners. 

16. SMS Terms and Conditions 

  • Overview 
    • By providing your mobile phone number and opting into the SMS messaging service provided by Twin Cities PBS, you agree to receive informational text messages related to our services and important updates. These Terms and Conditions govern your participation in our SMS program. Twin Cities PBS will not send you telemarketing text messages without your prior express written consent.  
  • Message Content 
    • Subscribers may receive informational text messages that include: Informational updates, transactional and account-related notifications as well as customer service alerts. 
  • Message Frequency 
    • Message frequency may vary based on user engagement and preferences. 
  • Message & Data Rate 
    • Message and data rates may apply. Charges depend on your mobile service provider's plan. 
  • Customer Support 
    • For assistance with our SMS service, you can: Text HELP for support instructions, call us at 651.229.1330 or email us at [email protected]  
  • Opt-Out Information 
    • You can unsubscribe from our SMS service at any time by texting STOP. After opting out, you will no longer receive SMS messages from us unless you re-enroll. 
  • Privacy & Data Usage 
    • Your information will be handled per our Privacy Policy. We do not share or sell your personal data, except as provided in our Privacy Policy. 
  • Liability Disclaimer 
    • Twin Cities PBS is not responsible for any delays or failures in message delivery. Carriers are not liable for delayed or undelivered messages. 
  • For more information, please contact us at [email protected]  

17. Other Terms 

Eligibility: You must be at least eighteen (18) years of age to register for certain features of the Services, to create an account, and to submit any User Generated Content or personal information on or through the Services, and, in some cases, participate in any online contests. Online contests will each be governed by a separate set of rules that will accompany each contest. By accessing or using our Services, including your election to create an account, you represent and warrant that you meet these requirements. 

You acknowledge that by submitting communications to Twin Cities PBS, no confidential, fiduciary, implied or other relationship is created between you and Twin Cities PBS other than pursuant to these Terms of Use. 

Entire Agreement: Twin Cities PBS’s Terms of Use constitutes the entire agreement between Twin Cities PBS and you with respect to your use of the Services. These Terms of Use shall be binding upon and inure to the benefit of you and Twin Cities PBS, our successors, and assigns. These Terms of Use may not be assigned without our express, prior written consent which may be withheld at our sole discretion.  

Severability: If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of these Terms of Use will continue in full force and effect.  

No Waiver: Twin Cities PBS’s failure to insist upon strict enforcement of any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. 

Compliance with Law: You agree that you will not use our Services for activities prohibited by local, state, federal, or your country's law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.   

Twin Cities PBS makes no claims that the Services are appropriate outside of the United States; access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.  

18. Governing Law; Arbitration; Jurisdiction 

IMPORTANT NOTICE: THIS PROVISION CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS; PLEASE READ CAREFULLY. 

Arbitration: Except for a claim by Twin Cities PBS of infringement of our intellectual property rights or misappropriation of our trade secrets, any and all disputes between you and us arising under or related in any way to these Terms of Use must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of our Services. 

BY AGREEING TO THESE TERMS OF USE, YOU AND TWIN CITIES PBS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TWIN CITIES PBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. 

Disputes:  You and we agree to discuss in good faith any concern you may have arising out of or in connection with these Terms of Use, including any question regarding its validity or breach hereof (a “Dispute”). If you and we cannot resolve a Dispute through good faith discussions within sixty (60) days, then, upon the written request of either you or us, such Dispute will be referred to and finally resolved by final, binding and confidential arbitration under Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. (JAMS) then in effect (“Rules”) which Rules are deemed to be incorporated by reference into this clause. 

Arbitration Process: The number of arbitrators shall be one, appointed in accordance with the Rules. All arbitration proceedings shall take place in a mutually agreed upon location, including without limitation an electronic meeting option. The language of the proceedings shall be English. You and we undertake as a general principle to keep confidential all awards in the arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by either you or us in the proceedings not otherwise in the public domain - save and to the extent that disclosure may be required of you or us by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority. The deliberation of the arbitrator is likewise confidential, save and to the extent that disclosure of an arbitrator's refusal to participate in the arbitration is required by the Rules. We will cover the first $250 of the arbitration costs for you. The prevailing party shall be awarded reasonable attorneys’ fees, together with any costs and expenses, to resolve the Dispute and to enforce final judgment (subject only to our coverage of the first $250 of your costs). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

Acknowledgement: The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 

Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles. 

Class Action Waiver: The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TWIN CITIES PBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes. 

Opt-Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on your user account) written notice of your decision to opt out to Twin Cities PBS at the email address noted below with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms of Use or your first use of our Services; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them. 

Effective Date 

This Policy was last updated on April 13, 2026.  

Contact Us 

If you have questions regarding this policy, please contact Customer Service at 651.229.1330 or send an email to [email protected] or send mail to Member Services, Twin Cities PBS, 172 E. 4th St., St. Paul, MN 55101.