Dear Patriots,

We hope you are still luxuriating in family, friends and food.

Here is some good news you may have missed.

1- The wonderful reporter and writer, Selena Zito, tells the story of how people are working to revive places that have lost population due to economic changes.

This is a trend that we hope is repeated and that grows more vibrant. Offering families a way to live in smaller cities is a key to rebuilding a successful society.

(Salena Zito) 

Cambria County fights population loss in little, big ways

QUOTE: JOHNSTOWN, Pa. — Reggie Canal began the process of moving from New York City to this Cambria County city this past July. The Queens native is a financial adviser who has spent much of his life working in the five boroughs as well as various places abroad.

He was lured here for a number of reasons, including quality of life, affordability and the ability to start his own business in the main business district of a city, without breaking the bank.

The kicker, though, was the remote worker incentive, a pilot program that offered a cash motivation — $2,500 to be exact — to attract people to move to the county and take up residence.

The brainchild of local civic and business leaders with a boost from the Community Foundation for the Alleghenies, the program required applicants to agree to live here for a year.

“I have been to Taiwan, Hong Kong and France, and really none of them compares in terms of being a deeply connected community that is dedicated to making sure everyone is successful, not just the newcomers,” Mr. Canal said. “My friends ask me why I did it, then when they come visit, they get it.”

2- One would think our public health officials would want to learn from such experiences rather than doubling down on strategies that don’t seem to work well.

(AP NEWS) 

Scientists mystified, wary, as Africa avoids COVID disaster”

QUOTE: …there is something “mysterious” going on in Africa that is puzzling scientists, said Wafaa El-Sadr, chair of global health at Columbia University. “Africa doesn’t have the vaccines and the resources to fight COVID-19 that they have in Europe and the U.S., but somehow they seem to be doing better,” she said.

Fewer than 6% of people in Africa are vaccinated. For months, the WHO has described Africa as “one of the least affected regions in the world” in its weekly pandemic reports.

Some researchers say the continent’s younger population — the average age is 20 versus about 43 in Western Europe — in addition to their lower rates of urbanization and tendency to spend time outdoors, may have spared it the more lethal effects of the virus so far. Several studies are probing whether there might be other explanations, including genetic reasons or past infection with parasitic diseases.

3- Sometimes Twitter can be fun especially when a hard core liberal gets her stupidity exposed.

(The Blaze)  

Maria Shriver gets schooled by Ted Cruz for uninformed slant on Rittenhouse acquittal

QUOTE: Shriver — who was a Peabody and Emmy award-winning journalist for NBC News — wrote on Twitter, “I’m trying to take a beat to digest the Rittenhouse verdict. My son just asked me how it’s possible that he didn’t get charged for anything. How is that possible? I don’t have an answer for him.”

“The idea that someone could be out with a semi-automatic weapon, kill people, and walk is stunning,” said the NBC News “special anchor.” “I look forward to hearing from the jury. This is a moment for them to explain how they came to their decision.”

Sen. Ted Cruz (R-Texas): “Pretty stunning that she’s an @nbc anchor. She ‘doesn’t have an answer.’ Try this:

(1) He WAS charged with six counts. That thing that just finished was his trial. … (2) A jury of his peers found him not guilty. … (3) Why? The defense argued he was engaged in self-defense. … (4) What facts support self defense? – the three people shot all chased him, assaulted him and/or tried to grab his gun – ALL THREE were convicted felons (one served 15 years for child molesting) – the defense argued Rittenhouse feared for his life … (5) You might personally disagree, but the jury heard evidence & presumably concluded he was acting to defend himself from what he reasonably perceived to be an imminent threat to his life. … (6) Also, ALL THREE of the people shot were White (contrary to false media reports). … (7) Generally ‘white supremacists’ don’t shoot White people. … (8) Numerous Dem politicians & corporate media outlets (including your employer and especially @msnbc) recklessly alleged he was a white supremacist. … (9) NO evidence was adduced at trial to support that claim. … (10) A whole bunch of those corrupt media outlets are now retaining defamation lawyers, because they’re ALL about to get sued—and the liability could well be massive. @mariashriver hope that helps!”

Author Tony Shaffer: “I’m trying to take a beat to comprehend how a full grown man could drive off a bridge, leave a woman not his wife in the car, tell no one and let her drown…how is that possible? Why don’t we have an answer?”

4- There are clips of protesting going on all over Europe against the mandates and shutdowns. The corporate/leftist media does not want you to know about this. Did you know that last Saturday there was a massive protest in NYCity against all things Covid?

(WAR ROOM) 

Hundreds Of Thousands Rebel Against Coercion

The first clip begins with a montage of video from cities across Europe where thousands of protesters took to the streets to demand an end to vaccine mandates and lockdowns. That is followed by a live report by Ben Harnwell in Rome.

“Over continental Europe this weekend there have been hundreds of thousands of people protesting against the Covid measures taken by the respective governments… The common theme between each and every single one of these countries is we are seeing a rebellion against coercion. That’s the key point here. Don’t think for the folks who are listening at home in the States that this is all on the other side of the Atlantic, and it’s not going to happen here.

This is out of control here in Europe and it is definitely coming to America.”

5- It just would not be Good News Friday without an item about the great Governor of Florida!

Gov. DeSantis (R) is once again protecting and caring for the citizens of his state. This time by cutting energy taxes!

(The Epoch Times) 

Florida Governor Pushes For $1 Billion Cut in State Gas and Fuel Taxes

QUOTE: Florida Gov. Ron DeSantis announced Nov. 22 that he will ask state lawmakers to cut gas and fuel taxes by $1 billion in the upcoming January session of the legislature. DeSantis said that “nothing has pinched people more than these gas prices.” In addition to relief for Floridians via the tax cut, he called on fuel stations to reduce prices by 25 cents per gallon.

DeSantis said he is concerned that an increase in salaries and wages will not be enough to cover the rising costs of goods.

“Even if you start making more money, if the prices [for goods and fuel] are going up faster than your wages or salary, you’re actually losing money in this inflationary economy,” the governor said.

The governor added that he is pushing back on the Biden administration’s “inflationary pressures.”

6- Who knows what the future holds on suing the Left for lying about Rittenhouse. But, it is fun to read the list of options.

At the link is a list of 18 possible defamation cases!

(Breitbart )

Kyle Rittenhouse Can Sue Lots of People (and Media) for Defamation

QUOTE: Now acquitted of all charges, including several homicide charges, 18-year-old Rittenhouse has come to another crossroads: Will he spend more time in court to hold accountable the people and companies who defamed him?

If courts were to conclude that Rittenhouse is what is called a “limited public figure,” Rittenhouse will have to prove that these companies and individuals acted with “actual malice” — that is, with reckless disregard for the truth. For some false allegations, he would have to show how they damaged his reputation. But specific claims where he was wrongly accused of a felony — factual errors — would no doubt damage his reputation.

Since many high profile people voiced their thoughts before, during, and after the trial, it would be an extremely long article to list everyone who ever defamed Rittenhouse. That being said, here is a by no means exhaustive list of everyone he could sue for defamation.

7- We celebrate the Wall Street Journal refusing to fold to the leftist wokesters. They told them to go away and be quiet!

(OUTKICK) 

Wall Street Journal Won’t Cancel Thanksgiving Editorials

QUOTE: As we’ve explained throughout the fall, cancel culture is effective only when the target obeys. Cancel culture is a product of compliance, not power. Once a target says no, the progressives crumble and walk away in misery. The Wall Street Journal delivered the movement another blow this week.

Recently, some website called Change.org, which calls itself “the world’s platform for change,” published a petition that demands that the Journal stops posting its annual Thanksgiving editorials. The petition has gathered some 50,000 signatures.

Most outlets would have immediately obeyed Change’s demands, then issued an apology for their previous posts. However, the Wall Street Journal says it won’t comply.

“The editorials are popular with readers, who tell us they appreciate the sentiments about hardship and gratitude during what should be a unifying national holiday,” the Journal writes. “For decades we’ve run them with nary a discouraging word.”

The Journal says the two editorials recount the bravery and trials of the Pilgrims as they sought a better life in a new land.

So props to the Wall Street Journal for firing back, defending its editorials with reason, and not bowing to these unreasonable rodents.

The Wall Street Journal joins Netflix, Aaron Rodgers, Joe Rogan, Tucker Carlson, Dave Chappelle, and Dave Portnoy in the winnable fight against cancel culture. And each battle has further exposed the shallowness of the woke’s over-indexed influence.

8- In a very rare display of courage, the Women’s Tennis Association is standing up to China and demanding information on tennis star Peng Shuai who vanished after making public a sexual assault by a Communist Party big wig. Hold Fast!

(OutKick) 

WTA Boss Willing to Lose Huge Money In China Over Search For Missing Tennis Player

QUOTE: Unlike the NBA, which is unwilling to lose a dollar in China by speaking up about the treatment of Chinese citizens and residents, the Women’s Tennis Association says it’s fully prepared to lose a substantial chunk of money by pulling tennis out of China over the disappearance of Peng Shuai, who made sexual assault allegations against a top Communist Party official.

Steve Simon, the head of the WTA, has suggested that the organization is ready to give up funding it receives from the country to fund its WTA Finals and the WTA tournaments held in China throughout the season if Peng Shuai (ranked No. 192 in the world) isn’t accounted for. Such funding is estimated to be nearly $1.4 billion.

“We’re definitely willing to pull our business and deal with all the complications that come with it,” Simon said Thursday during an interview with CNN. “Because this is certainly, this is bigger than the business.” “Women need to be respected and not censored,” Simon added.

Peng, 35, has not been seen since early November when she accused Chinese Vice Premier Zhang Gaoli, 75, of forcing her to have sex with him after a round of tennis three years ago.

9- It is a good thing that more and more Americans are seeing through the lying, fake news!

(Breitbart) 

Only 36% Believe Kyle Rittenhouse Media Coverage Was Fair

QUOTE: The latest polling from Rasmussen shows that only 36 percent of respondents believe the media coverage of Kyle Rittenhouse was fair

When 1,000 likely voters were asked, “How fair was media coverage of the Kyle Rittenhouse trial?” only 14 percent said “very fair,” while only 22 percent said “somewhat fair.”

Meanwhile, a clear plurality of 47 percent said the coverage was “not very fair” (19 percent) and “not at all fair” (28 percent). Eighteen percent had no opinion, which aligns pretty closely with the 24 percent who said they didn’t follow the story closely.

Here’s an even more stunning number…  Only 15 percent said the coverage was biased in favor of Rittenhouse, while 23 percent said it was neutral. But another clear plurality (47 percent) said it was biased against Rittenhouse.

10- We love the way college football has played out this season. It has been a blast watching thousands of people cheering, celebrating, and singing in stadiums all over America defying all the mandates and fear mongering.

(The Federalist) 

America Loves College Football Because College Football Loves America

QUOTE: When college football came roaring back in September, sticking it to the Faucian fear porn that gathering with fellow fans in stadiums (or with anyone, anywhere) wasn’t “smart,” fans cheered the camaraderie of mass sports gatherings — as well as the lack of politicized messaging, in contrast to the wokeness of pro leagues like the NFL.

It’s no secret that America loves college football, loves its flyovers and cheers and opportunities to show patriotic pride, and doesn’t want all of this tainted by politics.

Instead of pushing politics, the college football world understands that Americans want football from their football — and maybe (definitely) tailgating, halftime shows, military flyovers, and their team’s favorite sacred traditions like “The Wave” or “Jump Around” or “Country Roads.” We want to revel in the team spirit that gives us something in common with perfect strangers, instead of looking at everything through the lens of divisive identity politics. We want the chance, not just to gather, but to experience camaraderie with strangers after a year and a half of being told to avoid each other.

11- The case is building on the unconstitutional mandates.

(The Epoch Times)

Judge Rules Local Missouri COVID-19 Orders Unconstitutional

QUOTE: A Missouri judge on Tuesday ruled that local COVID-19 orders violated the Missouri Constitution, ordering local health officials to rescind them.

Judge Daniel Green of Cole County wrote that the Department of Health and Senior Services unconstitutionally gave too much power to individual local health officials and directors. As a result, he ruled, those orders must be lifted, meaning that local health orders must be rescinded.

“This case is about whether Missouri’s Department of Health and Senior Services regulations can abolish representative government in the creation of public health laws, and whether it can authorize closure of a school or assembly based on the unfettered opinion of an unelected official. This court finds it cannot,” the judge wrote in his order.

12- PRAY!

Below is the writing of Benjamin Franklin, Notes of Debates in the Federal Convention of 1787 Reported by James Madison.

In the beginning of the Contest with G. Britain, when we were sensible of danger we had daily prayer in this room for the divine protection. – Our prayers, Sir, were heard, & they were graciously answered.

All of us who were engaged in the struggle must have observed frequent instances of a superintending providence in our favor. To that kind providence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity.

And have we now forgotten that powerful friend? or do we imagine that we no longer need His assistance?

I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see of this truth – that God Governs in the affairs of men. And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid?

We have been assured, Sir, in the sacred writings, that “except the Lord build the House they labour in vain that build it.” I firmly believe this; and I also believe that without His concurring aid we shall succeed in this political building no better, than the Builders of Babel:

We shall be divided by our little partial local interests; our projects will be confounded, and we ourselves shall become a reproach and bye word down to future ages. And what is worse, mankind may hereafter from this unfortunate instance, despair of establishing Governments by Human wisdom and leave it to chance, war and conquest. I therefore beg leave to move –

… that henceforth prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this Assembly every morning before we proceed to business, and that one or more of the Clergy of this City be requested to officiate in that Service

###

Hold Fast,

Defending The Republic

Defending The Republic - All rights reserved.


Mobile Messaging Terms & Conditions and Mobile Messaging Privacy Policy

Effective Date: May 21st, 2021

Defending The Republic, INC (hereinafter “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Terms”). By opting into or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Terms are limited to the Program and are not intended to modify other terms & conditions or privacy policy(ies) that may govern the relationship between you and Us in other contexts.

(Read more) Modification of Terms: We reserve the right to revise these Terms from time to time. If we do revise these Terms, the revised terms will supersede prior revisions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. Any updates to these Terms shall be communicated to you by mobile message with a link to the updated Terms. Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Program.

User Opt In: The Program allows users to receive mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL” to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.

T-Mobile and AT&T provide daily files for phone numbers that have deactivated from their network or been ported from one carrier to another. We proactively opt-out deactivated numbers from our subscription list.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND TEXT MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning our commercial activities and your relationship with us, including, but not limited to, messages concerning product advertisements and promotions of any kind from us.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to 90046 or email Us at support@defendingtherepublic.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the User Opt Out procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13), are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.

Truthful and Accurate Information: When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

Our Warranty: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Mobile Messaging Privacy Policy: We respect your privacy. This Mobile Messaging Privacy Policy describes any personal information that We collect or receive when you choose to participate in the Program, how We use or disclose your information, and your rights related to your personal information. This Mobile Messaging Privacy Policy applies to all personal information collected, used, or shared by us when you opt-in to the Program and is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts. Please contact Us if you have any questions about the information in this Privacy Policy.

Information We Collect and How We Use It: The personal information We may collect, includes your name, phone number, email address and certain marketing preferences. We may also collect data with respect to confirmation that a message has been delivered to you, confirmation that you have read a message, and related information. We may use the information for the following business purposes: (1) provide the Program and related customer service; (2) deliver information about Our products, services and promotions, (3) improve the Program and services, (4) prevent fraud and comply with law, and (5) protect the security of Our systems. We may combine the personal information We obtain through your participation in the Program with offline or other online personal information We retain about you.

When We Share Your Information: WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR PERSONAL INFORMATION COLLECTED OR RECEIVED THROUGH THE PROGRAM TO ANY THIRD PARTY. However, We may share your personal information with the third-party text messaging platform provider or other trusted service partners as may be necessary to send you messages under the Program and these Terms. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property.

Contact Us: To exercise any of your rights related to your personal information, please contact us using one of the following methods:

Visit us at https://DefendingTheRepublic.org; Send us an email at support@defendingtherepublic.org; or Write to us at 2911 Turtle Creek Blvd, Suite 300, Dallas TX 75219. California Residents. Beginning January 1, 2020, if You are a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, You have certain rights with regard to your personal information. This section describes those rights and explains how to exercise those rights.

Access to Information. You have the right to request that We disclose certain information to you about Our collection and use of your personal information over the past 12 months. Upon receipt of a verifiable request, we will provide you access to personal information We have collected about you or disclose to you the categories of personal information We have collected, the categories of sources from which We obtained that information, and how We have used or shared that information.

Right to Request Deletion. You also have the right to request that We delete any of your personal information that We collected from you and retained, subject to certain exceptions as allowable by law. You understand that We may deny your deletion request as provided by law, including, but not limited to, retaining the information if it is necessary for Us to:

Complete the transaction for which We collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of Our ongoing business relationship with you, or otherwise perform Our contract with you; Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; Debug products or identify and repair errors that impair existing intended functionality; Comply with a legal obligation, including, but not limited to, preserving evidence demonstrates our compliance with the Telephone Consumer Protection Act (“TCPA”) during the statute of limitations period applicable to the TCPA; and/or Make other internal and lawful uses of that information that are compatible with the context in which you provided it. To exercise any of your rights related to your personal information, please contact us using one of the methods indicated in the “Contact Us” section above.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and our third-party text messaging platform provider, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages related to the Program Description set forth above, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in West Palm Beach, Florida before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Our principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.