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Revised and posted as of the Effective Date: March 31, 2024

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16. Dispute Resolution and Binding Arbitration

    16.1  You and Forbes (the “Parties”, each a “Party”) agree to the following dispute resolution provisions of this Section 16 with respect to any claim, dispute, or controversy that you may have against Forbes and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees, arising out of, relating to, or connected in any way with the Website, Forbes Channels, these Terms, our Digital or Print Terms of Sale, or any applicable end user license agreement (which are incorporated by reference herein) (a “Dispute”) and any lawsuit, arbitration or other proceeding that may arise out of such Dispute (an “Action”). The terms of Section 16 apply to all Disputes, even if the actions or relationship giving rise to such Disputes occurred prior to this version of the Terms (or such modification). However, these Dispute Resolution terms do not apply to any Dispute as to which you have personally initiated an Action prior to agreeing to these Terms.

    16.2  Class Action and Jury Waiver. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY ONLY PROCEED AS TO ANY DISPUTE IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

    16.3  Limitation on Time to File Claim & Equitable Relief. Neither Party may bring any Action more than one year after the cause of action has arisen (or if the Action relates to multiple similar events, more than one year from the date the first such event occurred).

    16.4  Governing Law. These Terms and your use of the Services are governed by and shall be construed and enforced in accordance with the laws of the State of New York, without giving any regard to its conflict of law principles. However, any question as to whether a Dispute is subject to the Mandatory Arbitration Provision (below) is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”).

    16.5  Venue. For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in the State courts of the State of New York or the United States District Court for the Southern District of New York.

    16.6.1  If you have a Dispute with us, you must send an individualized, written notice describing the Dispute to us via email to customersupport@forbes.com. If we have a Dispute with you, we will send a written notice to the contact information we have for you.

    16.6.2  Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally the Dispute.

    16.6.3  You agree to participate in the conference personally. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference.

    16.6.4  The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute Resolution Process required by this paragraph.

    16.6.5  If the Dispute is not resolved within 60 days of the opposing party receiving the notice, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below.

    16.6  Initial Dispute Resolution. The parties agree to use their best efforts to settle any Dispute, directly through consultation and good faith negotiations pursuant to the following process (the “Informal Dispute Resolution Process”), which shall be a precondition to either party initiating a lawsuit or arbitration.

    16.7.1  If a Party brings an Arbitration without following the Informal Dispute Resolution Process, it is grounds for dismissal, and such Party is required to pay any reasonable costs and fees of the other Party.

    16.7.2  The Parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each Party propose at least three arbitrators who meet the qualifications described in these Terms.

    16.7.3  If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the State courts of the State of New York or the United States District Court for the Southern District of New York to appoint an arbitrator pursuant to a process whereby the court provides the Parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each Party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements of this Agreement. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms.

    16.7.4  The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules that the parties agree to. The selection of JAMS rules does not mean that JAMS will administer the Arbitration or appoint the Arbitrator.

    16.7.5  The Arbitration shall be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face-to-face meeting is necessary for a fundamentally fair hearing. If the Party seeking Arbitration fails to appear at the administrative conference regardless of whether such Party's counsel attends, the Arbitrator will administratively close the Arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference.

    16.7  Mandatory Arbitration. If the Parties do not reach an agreed upon solution pursuant to the Informal Dispute Resolution Process, you and Forbes each agree that any Dispute must be brought on an individual basis and will be resolved exclusively by final, non-appealable, and binding arbitration (“ Arbitration”) before an arbitrator mutually selected by the Parties (the “ Arbitrator”). The Arbitrator must have experience and expertise with the subject matter of the Dispute and be a former federal or state court judge.

    16.8  Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

    16.9  Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.

    16.10  Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this Section 16, then the state or federal courts in New York shall have exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any dispute arising out of or related in any way to these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of New York and the United States, without giving effect to any conflict of law principles.

    16.11  Intellectual Property Claims. Notwithstanding the arbitration provisions herein, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.

    16.12  No Opt Out Rights. You do not have the right to opt out of the Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms of Use (including this Dispute Resolution section) is to stop using the Services and to terminate your account.

    16.13  Forbes Right To Terminate Mandatory Dispute Resolution Provision. At any time, Forbes may terminate its agreement to Section 16. That termination will not affect any Action that has already been initiated.

    16.14  Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Forbes.

17. General

    17.1  These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and Forbes Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms, the terms of these Terms shall control except where expressly stated otherwise. Notwithstanding the previous sentence, nothing contained in these Terms shall take precedent over Forbes’ Privacy Statement

    17.2  If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of Forbes to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Forbes, and all other provisions for which survival is equitable or appropriate. Forbes may assign its rights and duties under these Terms to any party at any time without notice to you.

18. Service Contact

    18.1  Contact webmaster@forbes.com with questions or problems with the Website.