By accessing the website at www.economistfoundation.org (“the Site”) or by otherwise accessing any content found on the Site or by using any digital application published by The Economist Educational Foundation (each a “Digital Application”), you are entering into an agreement with The Economist Educational Foundation and agree to the terms that follow (the “Terms”).
The Site is owned and operated by The Economist Educational Foundation, a charity registered in England and Wales (charity number: 1147661), with registered office at The Adelphi, 1-11 John Adam Street, London, WC2N 6HT(“the Foundation”). The Foundation is a wholly-owned subsidiary of The Economist Newspaper Ltd, a company registered in England and Wales (registered number 236383) with registered office at The Adelphi, 1-11 John Adam Street, London, WC2N 6HT (“The Economist”). In the provision of the Site, its content and Digital Applications, the Foundation relies on the support and the use of certain rights and assets of The Economist and its licensors. Accordingly, these Terms provide The Economist with certain benefits and disclaimers in order to protect those rights and assets.
IMPORTANT NOTE FOR U.S. USERS: subject to certain exceptions, all disputes between the Foundation and United States users of this Site will be subject to individual mandatory and binding arbitration as described in detail below, which means that disputes will not be heard in court.
These Terms were last updated on 15 June 2022.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such content, design and materials being collectively referred to as the “Economist Content”), is copyright of The Economist and its subsidiaries and licensors. Except as expressly permitted below, you may not use or reproduce or allow anyone to use or reproduce Economist Content or any trade marks (such as “The Economist” name and logo or other trade names appearing on the Site or any Digital Application) for any reason. You may not use the software that operates the Site and all Digital Applications except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Economist Content
All Economist Content is strictly for personal, non-commercial use only.
You may retrieve and display Economist Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal and non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Economist Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Economist Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Economist Content (including as part of any library, archive or similar service); or
- remove the copyright or trade mark notices from any copies of Economist Content made under these Terms.
Any use of Economist Content not specifically permitted above is expressly prohibited.
The Foundation and The Economist respect privacy.
The information that you provide about yourself to the Foundation or The Economist will be used in accordance with The Economist’s Privacy Policies (The Economist Group and The Economist Educational Foundation).
Changes to the Site and Digital Applications
The Foundation reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Economist Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
Liability and Indemnity
Although the Foundation endeavours to ensure the high quality and accuracy of the Site, Economist Content and Digital Applications, neither the Foundation nor The Economist makes any warranty, express or implied concerning Economist Content, any Digital Application, the Site or any software that are made available through the Site (the ”Services”), and which are provided “as is”. Each of the Foundation and The Economist expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability, relating to the Services. In no event will the Foundation or The Economist, their affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if such party has been advised of the possibility that such damages may arise. Neither the Foundation nor The Economist guarantees the accuracy, content, or timeliness of the Services, nor that they are free from viruses or other contaminating or destructive properties.
Without prejudice to the above disclaimer, in no event will any liability of the Foundation or The Economist or their affiliates, agents, suppliers or licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms exceed the amount, if any, paid by you to the Foundation for the particular Services to which the claim relates.
Upon the Foundation’s written request, you agree to defend, indemnify and hold harmless the Foundation, The Economist, their affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
Neither the Foundation nor The Economist, nor their affiliates nor information providers will be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Economist Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms. The Foundation may, in its absolute discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Economist Content). Whenever the Terms are changed, the Foundation will notify you by e-mail or by publishing the revised terms on the Site. If you use the Site and/or a Digital Application after the changes have been published or notified to you, you are deemed to be agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain parts of the Economist Content may be subject to additional terms and conditions, which may be notified to you by email or by a notice published on the Site.
Advertising, Third Party Content and other Websites. Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Neither the Foundation nor The Economist is responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Neither the Foundation nor The Economist is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by the Foundation.
Non-Waiver. No delay or omission on the part of any party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to the Foundation must be given in writing, by letter, and sent to The Economist Group, The Adelphi, 1-11 John Adam Street, London, WC2N 6HT (for the attention of the Senior Legal Counsel).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. If you are outside of the United States, any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void. If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
The Foundation may terminate or suspend your access to Economist Content at any time.
The Foundation may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Economist Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to the Foundation under these Terms or by law.
Governing Law and Jurisdiction – Users outside of the United States
The provisions in this Section regarding Governing Law and Jurisdiction apply only to users outside of the United States.
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of the Foundation and The Economist, either the Foundation or The Economist shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
Governing Law; Mandatory Arbitration (and Exceptions); Class Action Waiver; Jurisdiction – U.S. Users Only
The provisions in this Section regarding Governing Law, Mandatory Arbitration, Class Action Waiver, and Jurisdiction apply only to users in the United States:
Governing Law. These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New York, United States of America, without regard to choice or conflicts of law principles.
Mandatory Arbitration. You agree that any dispute, claim, or controversy between you and the Foundation or The Economist arising in connection with or relating in any way to these Terms or to your relationship with the Foundation or The Economist as a user or subscriber (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual (not class) arbitration. You further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Arbitration shall be subject to the Federal Arbitration Act and shall be conducted by the American Arbitration Association (AAA) pursuant to the AAA’s Consumer Arbitration Rules (“AAA Rules”), then in force. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Exceptions to Mandatory Arbitration. Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or the Foundation’s or The Economist’s intellectual property rights in any manner, the parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or the Foundation or The Economist may take the dispute to small claims court if the dispute qualifies for small claims court.
No Class or Representative Proceedings; Class Action Waiver. YOU, THE FOUNDATION AND THE ECONOMIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless all of you, the Foundation and The Economist agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Jurisdiction. If, in any dispute, the arbitration provision is determined to be invalid or unenforceable, notwithstanding the Severability provision above, or null and void by any arbitrator or court of competent jurisdiction, or if the dispute seeks injunctive remedies arising from a violation of your or the Foundation’s or The Economist’s intellectual property rights, the dispute shall be resolved by a state or federal court in New York. The parties agree to submit to the personal jurisdiction of such court for the purposes of litigating any such dispute. This subsection does not apply to disputes made in small claims court.