Terms of Service & Privacy Policy Last Updated on: April 22, 2021 Privacy & Cookie Policy Children’s Privacy Contact Information Terms of Service Thesaurus Gift Card Terms and Conditions PRIVACY & COOKIE POLICY This Privacy & Cookie Policy of Dictionary.com, LLC (“Dictionary,” “we,” “us,” or “our”) describes our practices concerning the personal information collected through our websites, including Dictionary.com and Thesaurus.com (the “Sites”) and any related Dictionary products and services including the Dictionary.com mobile app available here, the Grammar Coach tool available here, and Dictionary Academy Tutors available here (provision of the Sites and related products and services, collectively the “Services.”). It explains how cookies, web beacons, pixel tags, clear gifs, and other similar files or technologies may be used to collect and store the information automatically collected about your computer, device, and Service usage and how you can control the use of these technologies. If you do not accept the use of cookies, please disable them as described in the Cookie Controls. INTRODUCTION AND SCOPE. Below we describe what information we collect when you use our Services, how we protect that information, how long we retain it, with whom we share it, and what your privacy and cookie options are. By using the Services, you consent to our collection and use of your information as described in this Privacy & Cookie Policy.The Services are controlled and offered by Dictionary.com, LLC from the United States of America and, regardless of your place of residence, your use of them is governed by the laws of the State of Michigan, USA. Dictionary.com, LLC makes no representations that the Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Services from other locations hereby consent to the transfer and processing of your data in the United States of America and any other jurisdiction throughout the world, which may or may not have different levels of privacy protection than those in your jurisdiction.We will continue to evaluate this Privacy & Cookie Policy against new technologies, applicable laws, business practices, and our user’s needs, and may make changes accordingly. Please check this page periodically for updates. If we make any material changes, we will post the updated Privacy & Cookie Policy here, along with its effective date, and notify you by email or by means of a notice on the Sites. Except in connection with updates that materially change the ways in which we process your information, your continued use of the Services after our posting of changes to this Privacy & Cookie Policy means that you agree to be bound by such changes. We will provide notice in advance of the effective date with regard to any updates that materially change the ways in which we process your personal information.The Services may provide links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy practices.IF YOU ARE NOT AT LEAST 16 YEARS OLD, DO NOT USE THE SERVICES OTHER THAN THROUGH A PORTION OF OUR DICTIONARY ACADEMY TUTORS.Our Children’s Privacy Policy, discussing the collection of personal information from children through Dictionary Academy Tutors, is available below. YOUR PRIVACY CHOICES. You have choices when it comes to the privacy practices described in this Privacy & Cookie Policy, including your choices related to: Targeted Advertising. See Web Browser Controls and Third-Party Advertising Controls Website Analytics. See Web Browser Controls and Google Analytics Controls INFORMATION WE COLLECT AND MEANS OF COLLECTION. We collect information about you from a variety of sources, including from you directly providing it to us (e.g., when you open an account or contact us), from cookies and other tracking technologies that automatically collect information in the course of your use of the Services (skip to Cookies and Other Trackers section) and from various third parties and public sources. You can use some of the Services without directly providing any information, but if you do not provide certain information or limit the operation of some cookies, you may not be able to use some of the Services we offer. Information you Provide directly to us. Access to the general content on our Sites does not require you to provide us any personal (e.g., name, date of birth), contact (e.g., email address, phone number) and/or account (username and password) information. You may provide personal information to us, if you choose to: open an account or sign up for one of our newsletters; create an account for Dictionary Academy Tutors and sign up for tutoring sessions, for which we will ask for certain information about you and/or your child, such as name, student grade level, student email address (if the student has their own), and what subjects of study or academic matters you would like the tutor to cover. If you are at least age 16 and signing up for an account and tutoring sessions for yourself, your tutoring sessions will occur online and be recorded via videoconferencing technology. Your video, voice, text chat, or images displayed via screen sharing will be collected online as a part of that recording. In addition, to the extent you email in connection with the service (e.g., with a tutor), we will collect the email correspondence. purchase a subscription or sign up to receive any additional services like Dictionary.com Premium or Grammar Coach Premium; submit a help request, a customer services inquiry or other inquiry to us, or fill in any other forms for the purposes of receiving our Services; participate in some of the features accessible via the Services (for example, message boards, chat groups, social networking, games, surveys, polls, promotions, contests, or sweepstakes); contact us about employment opportunities posted on the Sites; or otherwise use the Services in a manner that you have requested. Depending on which of these or any other Services you use, the personal information you provide may include your name, email address, user name, home address, telephone number, demographic information (age, gender, etc.), information posted by you on sites accessed via the Services and/or information provided by you in any help request or inquiry you make to us. There is no need to provide to us, and we strongly discourage you from, providing any sensitive information about you or anyone else including, details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership or information about your health. Information collected via automated technologies and interactions. As you interact with the Services, we may collect information via automated means about your computer or mobile device, your preference settings, your location and your activities, including: IP address of your computer; Unique mobile device identifier; Technical information about your computer or mobile device such as type of device, mobile device ID number, screen resolution, web browser information and operating system or platform; Your preferences and settings (time zone, language, etc.); Internet provider or mobile carrier name; The URL of the last webpage you visited before visiting the Site; Information about your activity on the Services (e.g., your search queries, mis-formatted DNS entries, search results selected, clicks, pages viewed, search history, comments); If you are using a mobile device, your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically); and If you installed an Application, we may also collect information about that Application (e.g. the specific release date and distribution source of your Application, a unique Application ID, Application partner ID, the ads you click on, and information contained in error log files or cookies, aggregate query or click data and erroneous domain name system requests). Third-parties who provide us with products and services may also place cookies, ad tags and/or beacons that collect the information outlined above in order to provide us with products and services including, analytics tools ( Google Analytics), functionalities like playing video content (Brightcove), and targeted advertising. These third parties may also collect information about you from other sources and combine it with other information collected about you from third party websites not affiliated with us. For example, advertiser and advertising networks, as well as data analytics companies who service them, may participate in Online Behavioral Advertising and track your activity across various sites and/or devices where they display ads and record your activities, so they can show ads that they consider relevant to you. Mobile Device Location Information: When you use one of our location-enabled services (for example, when you access Services from a mobile device), we may need to collect and process information about your specific GPS location (including the latitude, longitude or altitude of your mobile device) and the time the location information was recorded, and we may use that information to customize the Services with location-based information, advertising, and features. Some of these services require us to associate location data with your device ID and other information we hold about you. Cookies and other Trackers. WHAT IS A COOKIE? Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email) that links web pages to particular web servers and their cookies, and may be used for a variety of purposes, such as counting the number of visitors to the Sites, analyzing how users navigate around the Sites, assessing what content or ads are viewed or clicked on by our visitors. Some ad companies and game developers use “flash cookies” for ads and games that use Flash media technology. We use the term “cookies” in this policy to refer to cookies and all such similar technologies. Cookies are widely used in order to make websites work, or to work more efficiently, as well as to provide information to the owners of the site. We use these technologies to let you navigate between pages efficiently, remember your preferences, track your use of the Services and generally improve your experience. Ad companies we work with place cookies on your computer to track your activities across various sites so that they can display ads on our Sites and third party websites that are more relevant to you and your interests.There are two broad categories of cookies: First party cookies, served directly by us to your computer or mobile device. Third party cookies, which are served by a third party on our behalf. We use third party cookies for functionality, performance / analytics, advertising and social media purposes. Cookies can remain on your computer or mobile device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are ‘permanent cookies’, meaning that they survive after your browser is closed. They can be used by websites to recognize your computer when you open your browser and browse the Internet again. HOW DO WE USE COOKIES? We use cookies to: track traffic flow and patterns of travel in connection with our Services; understand the total number of visitors to our sites on an ongoing basis and the types of internet browsers (e.g. Chrome, Safari or Edge), operating systems (e.g. Windows or Mac OS), and screen resolutions used by our visitors; monitor and analyze the performance of our Services and to continually improve them; customize and enhance your online experience; and enable Dictionary and third-party advertising both on and off our Sites. Third parties whose products or services are accessible or advertised through the Services, including social networking services, may also use cookies or similar tools, and we advise you to check their privacy policies for information about their cookies and other practices. We do not control the practices of such partners and their privacy policies govern their interactions with you. We encourage you to read their privacy policies. WHAT TYPES OF COOKIES DO WE USE? The types of cookies used by us and our partners in connection with the Services can be classified into one of the five categories below. We’ve set out some further information about each category, and the purposes of the cookies we and third parties set in the following table. TYPE OF COOKIE WHAT IT DOES Strictly Necessary Cookies These cookies are essential to operate the Sites and provide the Services by helping us provide basic functionality such as loading and rendering pages on the Sites and enabling your navigation around the Sites and use of certain features. They are also used to identify and prevent fraud and improve security. Functionality Cookies Functionality cookies record information about choices you’ve made and allow us to tailor the Sites to you. These cookies mean that when you continue to use or come back to the Sites, we can provide you with our Services as you have asked for them to be provided. For example, these cookies allow us to store language preference. They may also be used to provide certain functionality such as playing video content. Performance / Analytics Cookies We use performance/analytics cookies to analyze how the Sites are accessed, used, or is performing in order to provide you with a better user experience and to maintain, operate and continually improve the Sites. For example, these cookies allow us to: Better understand our website visitors so that we can improve how we present our content; Test different design ideas for particular pages, such as our homepage; Collect information about site visitors such as where they are located and what browsers they are using; Determine the number of unique users of the Sites; Improve the Sites by measuring any errors that occur; and Conduct research and diagnostics to improve product offerings. Advertising and Tracking Cookies As you use our Sites, you will notice that it includes advertising. We allow third party advertising companies to place cookies on our Sites. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the web. Cookies also allow us and third parties to know whether you’ve seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads. Social Media Cookies Third parties that make their applications available through/on our Sites may set their own cookies in order to track the performance of their applications or customize those applications for you. For example, when you share an article using a social media sharing button on our Sites (e.g., Facebook, Twitter, or Instagram), the social network that has created the button will record that you have done this. Because of how cookies work, we cannot access these cookies, nor can the third parties access the data in cookies used by us. Some pages of our website may also contain embedded content, such as video content from YouTube, and these sites may set their own cookies. COOKIE CONTROLS. You can control your cookie settings as explained below. We may disclose your opt-out choices to third parties so that they can honor your preferences in accordance with applicable laws. Web Browser Controls. Most browsers allow you to change your cookie settings. Users can usually set their browsers to block all third-party cookies (which are those set by third-party companies collecting information on websites operated by other companies), block all cookies (including first-party cookies such as the ones We uses to collect search activity information about its users), or block specific cookies. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details. Cookie settings in Microsoft Edge Cookie settings in Internet Explorer Cookie settings in Firefox Cookie settings in Chrome Cookie settings in Safari web and iOS. We note that an optional browser setting known as Do Not Track allows you to express your preferences regarding tracking by advertisers and other third-parties. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. Flash Cookie Controls. You can manage the use of Flash technologies with the Flash management tools available at Adobe’s website. Web-Beacons. You can usually prevent the operation of web-beacons by changing your web-browser cookie settings and your ad choices, or for those in emails, by switching off images in your email client or viewing emails using only the “text” display (rather than “HTML” display”). See the “Help” section of your email client for instructions. Please see the All About Cookies website for further information about managing your options. Mobile Apps. With respect to our mobile apps, you can stop all collection of information via an app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. Google Analytics Controls. To see an overview of privacy at Google and how to opt out of certain Google practices, visit https://www.google.com/intl/en/policies/privacy. You can prevent your data from being collected by Google Analytics by downloading the Google Analytics Opt-out Browser Add-on. Opting-out is generally done by the third party dropping a cookie on your browser indicating your intent to opt-out. If you get a new device, install a new browser, erase, or otherwise alter the third party’s browser cookie file, you may clear the opt-out cookie and no longer be subject to its opt-out. Third Party Advertising Controls. You may exercise choices regarding certain third party advertising cookies through the following organizations: Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You exercise the DAA choices regarding Interest-based Advertising here. You can also download the DAA AppChoices app for control over how information about your interests is used for in-app advertising on your mobile device here. European Interactive Digital Advertising Alliance (“EDAA”). To learn more about the EDAA and your opt out options, see https://www.edaa.eu/. Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain Interest/behavioral/targeted -based advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest/behavioral/targeted -based ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Dictionary is not responsible for effectiveness of, or compliance with, any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs. Promotional Communications. You can opt-out of receiving certain promotional communications (e-mails and push notifications) from us at any time by (i) for e-mails, following the instructions as provided in e-mails to click on the unsubscribe link; and (ii) for push notifications or in-app messages, adjusting the permissions in your mobile device. HOW WE USE YOUR INFORMATION. We may use your information for the following purposes: Identification and authentication: We use your identification information to verify your identity when you access and use our Services and to ensure the security of your personal information. This is so we can comply with our contractual obligations to you. Provide the Services: We process your personal information to facilitate the sale of and provide the Services you have requested. This is so we can comply with our contractual obligations to you. Improving our Services: We analyze information about how you use our Services to provide an improved experience for our customers of all our Services, including product testing and site analytics. It is in our legitimate business interests to use the information provided to us for this purpose, so we can understand any issues with our Services and improve them. Compensating our partners: We process your personal information for purposes of calculating compensation to be paid to our third party product/service providers and distributors and to analyze usage across products, services and distribution partner/channel. It is in our legitimate interest to appropriately determine amounts to be paid to our partners and inform our product roadmap and distribution strategy. Communicating with you: We may use your personal information when we communicate with you, for example if we are providing information about changes to the terms and conditions or if you contact us with questions. It is in our legitimate interest that we are able to provide you with appropriate responses and provide you with notices about our Services. Marketing: We may use your personal information to deliver relevant advertisements to you and measure the effectiveness of the advertising we serve to you. It is in our legitimate interest to provide more relevant and interesting advertising messages and inform our marketing strategy. We may use automated decision-making to deliver tailored advertisements based on your personal information. Where necessary, we will obtain your consent before sending such marketing messages. Exercising our rights: We may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect, prevent and respond to fraud claims, intellectual property infringement claims or violations of law or our Terms of Service. Complying with our obligations: We may process your personal information to, for example, carry out fraud prevention checks or comply with other legal or regulatory requirements, where this is explicitly required by law. Customizing your experience: When you use the Services, we may use your personal information to improve your experience of the Services, such as by providing interactive or personalized elements on the Services and providing you with content based on your interests. We may use automated decision-making to customize your experience based on your personal information. We may also aggregate and de-identify your information in such a way that you may not reasonably be re-identified by us or any other company, and may use this information for any other purpose. HOW WE SHARE YOUR INFORMATION. We share user information with others for various reasons. What information we make available to other companies depends on the nature of our relationships with them. Service Providers: We may share your information with vendors who provide services on our behalf such as payment processing, voice transcription, email messaging, customer service, trouble shooting, survey providers, video players and conferencing and appointment booking and scheduling. Contests/Sweepstakes Partners: When you sign up to participate in a contest or sweepstakes, your information may be provided to our sweepstakes or contest advertisers, operators, or sponsors and the use of that information will be also governed by those advertisers, operators, or sponsors’ privacy policies or practices. Group Companies: We may share your information with our affiliates, which are entities under common ownership or control of our ultimate parent company, Rock Holdings Inc. for security, internal reporting and regulatory compliance. Fraud prevention: We may disclose your information when we believe disclosure is necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, our users, or others. Law enforcement purposes and public safety: If requested or required by government authorities, such as law enforcement authorities, courts, or regulators, or otherwise to comply with the law, we may disclose any information we have about our users. We may disclose information collected about you in order to exercise or protect legal rights or defend against legal claims. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Sale or merger of our business: We may transfer your information to a third party if we or any of our affiliates are involved in a corporate restructuring (e.g., a sale, merger, or other transfer of assets). Advertisers and advertising networks: Advertisers and advertising networks place ads on our Sites. These companies may collect information, such as your computer’s IP address, browser information, mobile device ID, and search queries, as you use our Site and Services. They also may use cookies and other technologies to collect this information when you use our Service as described above (Cookie & other Trackers) When you log into our website, we may share information that we collect from you, such as your email (in hashed, pseudonymous form), IP address, or information about your browser or operating system, with our partner LiveRamp. LiveRamp uses this information to create an online identification code for the purpose of recognizing you on your device. Dictionary.com may then place this code in our cookie and allow it to be used for online and cross-channel advertising. It may be shared with our advertising partners and other third party advertising companies globally for the purpose of enabling interest-based content or targeted advertising throughout your online experience (e.g. web, email, connected devices, and in-app, etc). These third parties may in turn use this code to link demographic or interest-based information you have provided in your interactions with them. You have the right to express a choice regarding our sharing of this data with LiveRamp for the above purposes, of the creation of this code, or of our sharing of the code with our advertising partners. To opt out of this use, please click here. We require all third parties to respect your privacy and to treat your information in accordance with the law. We only permit third parties to process your personal data for specified purposes and in accordance with our agreements with them. RETENTION. We store the personal information we collect for as long as is necessary for the purpose(s) for which we originally collected it or for legal, accounting, or reporting requirements. For example, if you register for an account with us, we will generally maintain your account information as long as needed to service your account. We may also retain personal information as required by law. In some circumstances we may aggregate and de-identify your information in such a way that you may not reasonably be re-identified by us or any other company in which case we may use this information indefinitely without further notice to you. In some circumstances you can ask us to delete your data: see ACCESS, REVIEW, REVISION & DELETION RIGHTS below for further information. YOUR CALIFORNIA PRIVACY RIGHTS. Consumers residing in California have certain rights with respect to their personal information under the California Consumer Privacy Act or (“CCPA”) (California Civil Code Section 1798.100 et seq.) and the “Shine the Light” Law (California Civil Code Section 1798.83). If you are a California resident, this section applies to you. California Consumer Privacy Act Additional Disclosures Related to the Collection, Use, Disclosure and Sale of Personal Information Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, such as name, email address, mailing address, phone number, and IP address; categories of personal information described in subdivision (e) of Section 1798.80, such as name, address, credit card number, debit card number, or other financial information; characteristics of protected classifications under California or federal law, such as age or gender; commercial information, such as record of purchases; internet or other electronic network activity information, such as log data and information about the devices and computers you use to access the Services; geolocation data, such as GPS, Bluetooth, or WiFi signals, where you have allowed access to that information; audio, electronic, visual, thermal, olfactory, or similar information such as video recordings of tutoring sessions through Dictionary Academy Tutors; education information such as a student’s name and grade level; other information you choose to provide, such as messages to customer service; inferences drawn from any of this information, including about the content or ads that may be of interest to you. For details about the precise data points we collect and the categories of sources of such collection, please see the section labeled, “INFORMATION WE COLLECT AND MEANS OF COLLECTION” above. We collect personal information for the business and commercial purposes described in the section labled, “HOW WE USE YOUR INFORMATION” above. Disclosure of Personal Information: We may share your personal information with third parties as described in Section 5, “HOW WE SHARE YOUR INFORMATION” above. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes to the following categories of recipients. Category of Personal Information Categories of Recipients Identifiers Advertising networks, data analytics providers, data brokers, operating systems and platforms, email service providers, data storage providers, customer support providers, payment processing providers, account management providers, appointment booking and scheduling providers. Categories of personal information described in subdivision (e) of Section 1798.80 Payment processing providers Commercial information Payment processing providers Internet or other electronic network activity information Advertising networks, data analytics providers, data brokers, operating systems and platforms, data storage providers Geolocation data Advertising networks, data analytics providers, operating systems and platforms, data storage providers Audio, electronic, visual, thermal, olfactory, or similar information Video conferencing service providers Inferences Advertising networks, data analytics providers, operating systems and platforms, data storage providers Sale of Personal Information: California law requires that we provide transparency about personal information we “sell,” which for the purposes of the CCPA, broadly means scenarios in which Dictionary has shared personal information with third parties in exchange for valuable consideration. In the preceding 12 months, we have “sold” the following categories of personal information, depending on how the CCPA is interpreted, to the following categories of third parties: Category of Personal Information Categories of Recipients Identifiers Advertising networks Internet or other electronic network activity information Advertising networks Inferences Advertising networks We “sell” personal information for the following commercial purposes: to provide you with targeted advertising. California consumers above the age of 16 have the right to opt out of these sales at any time. We do not knowingly sell personal information about consumers under the age of 16. Please visit our “Do Not Sell My Info” webpage here to learn more about how we sell information and to make an opt-out request. Your Consumer Rights If you are a California resident, subject to certain limitations, you have the right to (1) request more information about the categories and specific pieces of personal information we have collected, sold and disclosed for a business purpose in the last 12 months, (2) deletion of your personal information, and (3) opt out of the sale of your personal information, if applicable, and (4) be free from discrimination for exercising your rights under the CCPA. You may make these requests by visiting this webpage or emailing us at privacy@dictionary.com. To opt out of sales, you can also visit our “Do Not Sell My Info” webpage here. We will verify your request by confirming the email address we have on file for you. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us at privacy@dictionary.com. Shine the Light If you are a resident of the State of California, under the California Civil Code, you have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personal information (as defined by California law) during the preceding year for direct marketing purposes. Alternatively, the law provides that if a company has a privacy policy that gives either an opt-out for use of your personal information by third parties for their own marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options. We qualify for the alternative option. If you are a California resident and you want to opt out of such sharing, please send your request via email to privacy@dictionary.com and include your name, street address, city, state, and zip code (your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own record-keeping). Legal rights applicable to personal data collected in the EEA. Pursuant to the EU General Data Protection Regulation (Regulation 2016/679) (“GDPR”) natural persons (called data subjects) are afforded certain rights regarding their personal data, including the right to access, correct, delete, restrict or object to our use of, and receive a portable copy in a usable electronic format of your personal information. You also have the right to withdraw any consent that you have previously provided to us. If you would like to exercise any of the rights outlined above, and the law of your jurisdiction requires us to honor that request, please send your request in writing to privacy@dictionary.com. To assist us in processing your request in timely manner, please make your request in English if you are able to do so. Your request should include any information relevant to your request, including, without limitation: (i) your name, email and postal address; (ii) the specific right you are asserting (e.g., removal); and (iii) if you are requesting removal, a brief explanation of why you believe such information should be removed. To help us prevent fraudulent removal requests, please also include a legible copy of a document that verifies your identity. You need not provide a government-issued document; a utility bill or similar mailing will suffice. You may also obscure parts of the document such as identifying numbers so long as the document continues to clearly identify you. If you are making the request on behalf of another person, please indicate your relationship to that person and provide evidence of your authority to make such request. All requests for removal will be reviewed by Dictionary’s legal and compliance team and we reserve the right, in compliance with applicable laws, to accept or reject, or make further inquiries regarding, any requests. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence. INTERNATIONAL TRANSFER. If you are receiving the Services from outside the United States, your data will be transferred to and stored in our servers in the U.S. By using the Services, you consent to our collection and use of your data as described in this Privacy & Cookie Policy. Further, if you are receiving the Services from the European Economic Area (the “EEA”) we note your information may be transferred to, stored, and processed in a country that is not regarded as providing the same level of protection for personal information as the laws of your home country, and may be available to the government of those countries under a lawful order made in those countries. However, whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: Model Contracts. Where appropriate, we put in place specific contractual commitments in accordance with applicable legal requirements to provide adequate protections for your information. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. Privacy Shield. We may also transfer data to the U.S. under the Privacy Shield framework which requires them to provide similar protection to personal data shared between the EU and the US. Children’s Privacy. As a general matter, our Services are intended for audiences age 16 and older. We do not knowingly collect information from individuals under the age of 16 years old, except through portions of our Dictionary Academy Tutors. To the extent that we knowingly collect information from children under age 16 (called “children” in this Privacy Policy) through Dictionary Academy Tutors, we do so with the consent of the parent or legal guardian as described in this section of our Privacy Policy. (Teens age 16 and older may participate on their own accord.) Information We Collect from Children Through Dictionary Academy Tutors. In addition to the information we collect from you on the Dictionary Academy Tutors website where you can register an account, sign your child up for tutoring sessions, and provide information about your child, we collect the following information from children: Tutoring sessions will occur online and be recorded. Tutoring sessions are online via videoconferencing technology and the session is recorded. When your child participates in a tutoring session their video, voice, text chat, or images displayed via screen sharing will be collected online as a part of that recording. To the extent your child and tutors communicate by email, we will collect the email correspondence. How We Use the Information We Collect from Children through Dictionary Academy Tutors. We use the information we collect from children to provide, personalize, and improve our services, authenticate users’ identities, and to provide customer support. We also use the data we collect for internal purposes such as troubleshooting, protecting against errors, and to promote the safety and security of our Services. We do not use information collected from children for behavioral advertising to children or to profile children. How We Share Information We Collect Through Dictionary Academy Tutors. Service Providers: We may share information collected from your child with vendors who provide services on our behalf such as email messaging, customer service, trouble shooting, video conferencing, and appointment booking and scheduling. Sale or merger of our business: We may transfer information to a third party if we or any of our affiliates are involved in a corporate restructuring (e.g., a sale, merger, or other transfer of assets). Law enforcement purposes and public safety: If requested or required by government authorities, such as law enforcement authorities, courts, or regulators, or otherwise to comply with the law, we may disclose any information we have about our users. We may disclose information collected in order to exercise or protect legal rights or defend against legal claims. We also may be required to disclose information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. How to Access and Delete Your Child’s Personal Information. Access: As a parent, you have control of your child’s information provided during the creation of your account, and you can view your child’s account-related information at any time by signing into your account. To request access to the recorded tutoring sessions involving your child or emails with tutors, please contact us at privacy@dictionary.com. Deletion: If at any time you wish to stop further collection or use of your child’s information, you can delete your account by visiting your account settings and clicking “delete account,” and you can ask that we delete your child’s previously-collected information by contacting us privacy@dictionary.com. If we learn that we have collected personal information from a child under 16 without the consent of the parent or legal guardian, we will delete that information. If you believe that a child under 16 may have provided us with personal information without the consent of their parent or legal guardian, please contact us at: 555 12th St, 4th floor Oakland, CA 94607 Phone: (510) 671-8337 privacy@dictionary.com CONTACT INFORMATION. If you have any questions or concerns about this Privacy & Cookie Policy or the manner in which your information is processed, collected (in the EEA), or would like to submit a request to us, please contact us by using our Contact Us web page or by emailing privacy@dictionary.com. Dictionary.com, LLC is the controller (as provided under laws applicable to EEA jurisdictions) responsible for the personal information we collect and process. Dictionary.com, LLC takes their clients’ (and the customers of their clients) data protection seriously, and has appointed DataRep as their Data Protection Representative in the European Union which can be contacted by sending an email to DataRep at dictionary@datarep.com Please note that this email address is only for privacy-related inquiries. General website assistance can be obtained through our Contact Us web page or by emailing support@dictionary.com. TERMS OF SERVICE AGREEMENT AND GENERAL TERMS OF USEThese Terms of Service (the “Terms”) constitute the agreement between Dictionary.com, LLC (“Dictionary,“ “we,” “us,” or “our”) and you as a user who accesses, subscribes to access, or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide web sites known as Dictionary.com, Thesaurus.com (including any sub-domains) (the “Sites”) and any related Dictionary products and services including the Dictionary.com mobile app available here, and the Grammar Coach tool available here. Our provision of the Site and related products and services are referred to collectively as the “Services.” If you have any questions about these Terms or our Services, please contact us at contact@dictionary.com.PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY AND BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A WAIVER OF THE RIGHT TO A JURY TRIAL, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH DICTIONARY. PLEASE READ IT CAREFULLY. The Services may collect, use, store, share, and otherwise process personal information about you. Please see our Privacy & Cookie Policy for details. Our Services are intended for general audiences over the age of 16 years old and we do not knowingly collect information from children under the age of 16 years old. To the extent that we knowingly collect personal information from children under 16 through Dictionary Academy Tutors, we do so with the consent of the parent or legal guardian as explained in our Privacy Policy. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. You must agree to abide by all of the provisions of these Terms in order to remain an authorized user of the Services and your use of the Services constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Services and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Services through you or using your name and password. We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Services, as well as any aspect pertaining to the use of the Services. IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES, AS APPLICABLE. USER ACTIVITIES AND INFORMATION ON THE SERVICES; LINKS You will use the Services and any tools, features, content, material, or information found on the Services solely for lawful, non-commercial purposes. You may need to register for an account to access some or all of the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must also maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You will not upload to, distribute to, or otherwise disseminate through the Services any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from that user and Dictionary; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; Sell, resell or commercially use our Services; Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; Develop or use any applications that interact with our Services without our prior written consent; Send or distribute spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; Bypass or ignore instructions contained in our robots.txt file; or Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. Enforcement of the section above is solely at Dictionary’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, the section below that begins “By making any material or information” does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on December 12, 2022). You warrant that any material or information that you make available through the Site, including, for example, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site. By making any material or information available through the Site, you automatically grant to Dictionary a worldwide, royalty-free, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part), and any name, username or likeness provided in connection with such material or information, and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use. We have no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and we are not responsible for any content of this material or information. However, we reserve the right to delete, move, or edit any material or information that we deems in our sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, we reserve the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request. The Services may provide links to other sites or resources. Because we do not review nor have control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Dictionary of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Services. The information available on third party websites may have certain restrictions on its use or distribution which differ from this agreement. RIGHTS IN SERVICES CONTENT AND THE SERVICES All content provided through the Services is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Dictionary. The Services are protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Dictionary. Any and all trademarks appearing on the Services are the property of Dictionary or their respective owners. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Dictionary or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Dictionary’s sole discretion. You understand that Dictionary may treat Feedback as nonconfidential. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Services (“Content”). You agree that all rights to the Services, Content and any derivative work will remain with us. You will download copyrighted Content solely for your personal use, but will make no other use of the Content without the express written permission of Dictionary and the copyright owner. You will not make any changes to any Content that you are permitted to download under these Terms, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You agree that you do not acquire any ownership rights in any downloaded Content. FEES, PAYMENTS, REFUNDS & RENEWALS Fees and Refunds. Some of our Services are offered for a fee, such as Grammar Coach Premium (each a “Paid Service”). By using a Paid Service, you agree to pay the specified fees (including any applicable taxes and other charges). Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, we will bill you in regular automatically-renewing intervals, on a pre-pay basis until you cancel, which you can do at any time by contacting our support team at https://www.dictionary.com/e/contact/. If you cancel your subscription to Grammar Coach Premium, you will not be eligible for a refund, and your subscription will remain active for the duration of the automatically-renewing interval, but will not renew automatically thereafter. If you cancel your subscription for any other Paid Service a refund may be issued, in our sole discretion, unless otherwise required by applicable law. Payment. If your payment fails, or if Paid Services are otherwise not paid for nor paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services. Automatic Renewal. SOME PAID SERVICES SUCH AS GRAMMAR COACH ARE AUTOMATICALLY RENEWED. WHEN YOU REGISTER FOR SUCH A SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) DICTIONARY (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR THE SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOU SUBSCRIBE TO THE SERVICE, (B) YOUR SUBSCRIPTION WILL BE RENEWED FOR THE SAME INTERVAL OF TIME AS YOUR ORIGINAL SUBSCRIPTION PERIOD, AND (C) YOUR SERVICE SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. IT IS YOUR RESPONSIBILITY TO MAKE SURE YOU ARE CHECKING YOUR EMAIL (INCLUDING ANY SPAM OR OTHER FILTERS) IN ORDER TO RECEIVE ANY REMINDER EMAIL WE SEND TO YOU IN ADVANCE OF THE RENEWAL. THE DATE OF THE AUTOMATIC RENEWAL IS DETERMINED AUTOMATICALLY BASED ON THE DATE OF THE ORIGINAL PURCHASE AND CANNOT BE CHANGED. YOU CAN VIEW YOUR RENEWAL DATE BY LOGGING INTO YOUR ACCOUNT. YOU CAN MANAGE AND CANCEL YOUR PAID SERVICES BY CONTACTING OUR SUPPORT TEAM AT HTTPS://WWW.DICTIONARY.COM/E/CONTACT/. Fee Changes. We reserve the right to change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER DICTIONARY, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, SAFETY OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES, ANY PURCHASES MADE THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE THROUGH THE SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DICTIONARY (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICES OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DICTIONARY (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Dictionary (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Services or your breach of any provision of this agreement. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim. RELEASE. To the fullest extent permitted by applicable law, you release Dictionary (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” TRANSFER AND PROCESSING. In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. NOTICES BETWEEN US. You will contact us by submitting your message via our form. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site or applicable Service. MODIFICATION AND TERMINATION. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. LAW GOVERNING PERFORMANCE AND DISPUTES. Any dispute arising from the Services and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of Michigan, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Michigan or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Michigan and the United States, respectively, sitting in Wayne County, Michigan. CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION, CLASS WAIVER, AND JURY TRIAL WAIVER. Please read the following important section carefully. Except for small claims disputes or claims related to intellectual property, you and we waive our rights to a jury trial and to have any dispute arising out of or related to the Services resolved in court. Instead, disputes relating in any way to the Services must be submitted to binding arbitration administered by JAMS. The Federal Arbitration Act and federal arbitration law apply to this agreement. The most recent version of the JAMS Rules are available at www.jamsadr.com/rules-download and are hereby incorporated by reference. The arbitrator, not the court, will resolve the issue of arbitrability. You and we agree that any dispute arising out of or related to the Services is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and we agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You have the right to an in-person arbitration hearing in your hometown area. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email to privacy@dictionary.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the section, “Law Governing Performance and Disputes.” If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable. GENERAL TERMS. These Terms and any posted rules on the Services constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Dictionary of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of Dictionary and our successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms with or without notice to you. Thesaurus.com Gift Card Terms and Conditions Thesaurus.com e-gift cards (“gift cards”) are subject to the following terms and conditions. Gift cards are redeemable only toward Grammar Coach Premium purchases at Thesaurus.com (excluding purchases of gift cards). 50 U.S. states and DC only. The gift cards are non-refundable, non-reloadable, non-transferable, and cannot be redeemed for cash except as required by law. To use a gift card, enter the code at the checkout for Grammar Coach Premium. If your gift card is lost, stolen, damaged, or used without your permission, it will not be replaced. Purchase, acceptance, or use of a gift card constitutes acceptance of these terms and conditions. Thesaurus.com gift cards may be issued by a third-party vendor. Gift cards do not expire. These gift card terms and conditions are subject to change without notice. Visit https://www.dictionary.com/e/terms/for current, terms, conditions, and limitations. Title to and risk of loss for gift cards pass to the recipient upon delivery (e.g., email of the code). Dictionary.com, LLC, its parent companies, and affiliates reserve the right to refuse to accept gift cards (including the gift card code) that are suspected or believed to have been obtained fraudulently, and to pursue any other legal rights or remedies that may be available. Gift cards are provided on an “as is” basis, and Dictionary.com, LLC disclaims all warranties of any kind related to the gift cards, including warranties specified in the Terms of Service. For promotional gift cards and promotional offers, including any free trial periods offered in connection with a Paid Service, the terms stated on the related promotional messaging will apply (including any expiration dates or additional restrictions) instead of these gift card terms. To inquire about your gift card balance, contact https://www.dictionary.com/e/contact/ or 510-671-8337.