Terms of Service
Version 1.1 · Effective August 17, 2026
Version 1.1
Effective Date: August 17, 2026
SECTION 1
INTRODUCTION AND ACCEPTANCE OF TERMS
1.1 Agreement
Welcome to The Shepherd Network LLC ("Company," "we," "us," or "our").
These Terms of Service ("Terms") govern access to and use of:
- TheShepherdNetwork.org
- The Shepherd Network
- The Fold
- The Well
- The Upper Room
- VerseKey
- Shepherd Apparels
- newsletters
- devotionals
- publications
- media channels
- ecommerce offerings
- subscriptions
- memberships
- future products
future services.
These Terms incorporate by reference:
- Privacy Policy
- Cookie Policy
- Community Rules
- VerseKey Terms
- Shepherd Apparels Terms
- DMCA Policy
- Accessibility Statement
- Security Incident and Data Breach Policy
- Arbitration Procedures Appendix
- Definitions Appendix
future policies.
1.2 Acceptance
By accessing, browsing, visiting, registering, subscribing, purchasing, donating, sponsoring, participating in Communities, using VerseKey, accessing content, or otherwise using the Services, Users agree to be legally bound by these Terms.
If a User does not agree, the User must immediately discontinue use of the Services.
Merely receiving an SMS or providing a mobile number does not by itself constitute consent to recurring SMS messaging. Marketing consent is separate from consent to receive transactional or operational communications where applicable. SMS consent is never bundled with mandatory acceptance of these Terms.
1.3 Electronic Acceptance
Users acknowledge that electronic actions including:
- clicking "Sign Up"
- clicking "Create Account"
- clicking "Register"
- clicking "Join"
- clicking "Subscribe"
- clicking "Purchase"
- clicking "Continue"
- clicking "I Agree"
- checking acknowledgment boxes
- redeeming access codes
- using subscription features
- accessing protected content
constitute legally binding acceptance and electronic signatures to the fullest extent permitted by law.
Such actions shall have the same force and effect as handwritten signatures.
SECTION 2
ACCOUNT REGISTRATION ACKNOWLEDGMENT
By clicking "Sign Up," "Create Account," "Register," "Join," "Subscribe," "Purchase," "Continue," or similar actions, Users represent and warrant that:
- they have read these Terms
- they have read the Privacy Policy
- they have read the Cookie Policy
- they have read applicable policies
- they agree to be legally bound
- they understand subscription terms
- they understand cancellation policies
- they understand refund policies
- they consent to operational communications
they satisfy age requirements.
If a User does not agree, the User must not use the Services.
SECTION 3
ELIGIBILITY AND AGE REQUIREMENTS
3.1 Children Under 13
Children under thirteen (13) years of age are prohibited from:
- creating accounts
- subscribing
- participating in Communities
- accessing VerseKey
- purchasing products
otherwise utilizing restricted Services.
3.2 Minors Ages 13 Through 17
Individuals between thirteen (13) and seventeen (17) years of age may participate only after successful completion of the Company's Dual Authorization Process.
The Company may require:
- SMS verification
- email verification
- authentication procedures
- parental acknowledgements
additional verification measures.
The Company reserves discretion concerning such procedures.
3.3 Adult Users
Users eighteen (18) years of age or older represent that they possess legal authority to enter into binding agreements.
If a User acts for an organization, the User represents that they have authority to bind that organization.
SECTION 4
THE NATURE OF THE SERVICES
The Shepherd Network LLC is a:
An online, faith-based, Christian ministry-oriented media, educational, community, technology, publishing, ecommerce, and digital platform enterprise. Donations to the Company are not tax-deductible.
The Company currently operates primarily through online technologies and does not currently maintain a public physical ministry gathering location.
The Company reserves the right to expand operations in the future.
SECTION 5
ACCOUNTS, CREDENTIALS, AND ACCESS
Users may be required to create accounts and maintain credentials.
Users are responsible for:
- safeguarding credentials
- maintaining account security
- maintaining accurate information
preventing unauthorized access.
The Company may:
- suspend accounts
- restrict accounts
- terminate accounts
- revoke credentials
- invalidate tokens
revoke subscriptions.
Users should notify the Company promptly of suspected unauthorized access.
The Company may suspend access when reasonably necessary to protect users, data, systems, or legal rights.
SECTION 6
SUBSCRIPTIONS, BILLING, AND RENEWALS
Certain Services may require paid subscriptions.
Current subscription structures may include:
Community Memberships
The Fold (Free)
The Well (Paid Tier 1)
The Upper Room (Paid Tier 2)
VerseKey Memberships
The Wanderer (Free)
The Seeker (Paid Tier 1)
The Scholar (Paid Tier 2)
The Company reserves the right to modify subscription structures at any time.
6.1 Auto-Renewal Disclosure
Where recurring billing is utilized, Users authorize recurring charges until cancellation.
Users acknowledge:
- recurring billing
- automatic renewal
- recurring payment authorization
subscription management obligations.
6.2 Monthly Subscription Refund Policy
Monthly subscription payments are non-refundable except where required by applicable law.
Users who cancel may continue access through the remainder of the active billing cycle.
6.3 Annual Subscription Refund Policy
Annual subscription payments are non-refundable except where required by law.
Where legally required, refunds may be prorated based upon the unused portion of the subscription period.
6.4 Donation and Sponsorship Notice
Donations, offerings, gifts, sponsorships, and voluntary support provided to the Company are generally non-refundable except where required by law.
The Company does not represent that such contributions are tax deductible unless expressly stated otherwise.
SECTION 7
THIRD-PARTY PROVIDERS, VENDORS, AND FULFILLMENT
7.1 Third-Party Providers
The Company may utilize independent third-party providers including:
- Printify
- Amazon
- Stripe
- PayPal
- Shopify
- YouTube
- TikTok
- HeyGen
- Make
- Dlvr.it
- hosting providers
- analytics providers
- communication providers
future providers.
Users may be subject to separate agreements, terms, conditions, policies, procedures, and practices maintained by such providers.
7.2 Independent Provider Disclaimer
The Company does not own, control, manage, supervise, or assume responsibility for independent third-party providers.
The Company is not liable for:
- provider actions
- provider omissions
- provider failures
- provider interruptions
- provider delays
- provider policy changes
- provider security incidents
provider operational decisions.
Users assume responsibility for reviewing applicable third-party policies.
7.3 Printify Fulfillment
Shepherd Apparels may utilize Printify as a primary print-on-demand fulfillment provider.
The Company makes no guarantee concerning:
- manufacturing timelines
- shipping timelines
- inventory availability
- printing outcomes
provider performance.
7.4 Amazon Fulfillment
Books, devotionals, publications, and future products may be fulfilled through Amazon or affiliated providers.
The Company is not responsible for independent Amazon policies, fulfillment procedures, delivery schedules, or operational decisions.
SECTION 8
PRODUCTS, ORDERS, SHIPPING, AND FULFILLMENT
8.1 Product Availability
Products may be added, modified, suspended, discontinued, or replaced at any time.
The Company does not guarantee continued availability of any product.
8.2 Product Variations
Actual products may differ from displayed images.
Variations may include:
- color differences
- screen-display differences
- material differences
- manufacturing tolerances
- sizing variations
printing variations.
The Company does not guarantee exact visual conformity.
8.3 Shipping Disclaimer
Shipping times are estimates only.
The Company is not responsible for:
- carrier delays
- customs delays
- weather delays
- supply-chain disruptions
third-party fulfillment delays.
8.4 Payment Processing and Card Security
Payments may be processed by independent payment processors.
The Company generally should not store full payment-card numbers or card security codes.
Processor terms may apply.
Prices, taxes, shipping, subscriptions, and refund rights are governed by the applicable checkout disclosures and policies.
SECTION 9
INTELLECTUAL PROPERTY
9.1 Ownership
All rights relating to:
- The Shepherd Network
- The Shepherd Network LLC
- VerseKey
- The Wanderer
- The Seeker
- The Scholar
- The Fold
- The Well
- The Upper Room
- Shepherd Apparels
and associated content remain property of the Company and/or its licensors.
9.2 Protected Materials
Protected materials may include:
- text
- publications
- devotionals
- newsletters
- videos
- software
- databases
- graphics
- logos
- trademarks
- service marks
- educational materials
- game content
future works.
9.3 Reservation of Rights
All rights not expressly granted are reserved.
SECTION 10
USER CONTENT LICENSES
10.1 User Ownership
Users retain ownership of User Content they lawfully submit.
10.2 License Granted To Company
By submitting User Content, Users grant The Shepherd Network LLC and David Craig Cooper a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable, royalty-free license to:
- use
- host
- archive
- store
- reproduce
- publish
- display
- distribute
- transmit
- promote
- reformat
- edit for grammar
- edit for clarity
- edit for formatting
- create archival copies
create backup copies.
This license survives account termination and content removal requests to the fullest extent permitted by law.
10.3 Testimonials
Users who voluntarily submit testimonials grant the Company a perpetual, irrevocable, worldwide, royalty-free right to publish, display, archive, reproduce, distribute, edit, and utilize testimonials in connection with:
- ministry activities
- publications
- devotionals
- newsletters
- educational materials
- marketing materials
future media.
Public-facing testimonials or promotional reuse beyond ordinary service operation should be subject to a separate permission where reasonably appropriate.
10.4 Work Made For Hire
Content specially created for the Company may constitute a work made for hire to the fullest extent permitted by law.
To the extent not considered a work made for hire, all right, title, and interest shall be assigned to the Company unless otherwise agreed in writing.
SECTION 11
AI TECHNOLOGIES, AUTOMATION, AND ANALYTICS
11.1 Use of AI Technologies
The Company may utilize:
- artificial intelligence
- machine learning
- automated moderation
- automated customer support
- automated analytics
- automated recommendations
- content-generation technologies
future technologies.
Certain content, communications, moderation decisions, summaries, analytics, recommendations, educational content, and support functions may be generated, assisted, reviewed, or enhanced through AI Technologies.
11.2 No AI Training Rights
No person or entity may use Company content to:
- train AI systems
- fine-tune AI systems
- benchmark AI systems
- evaluate AI systems
- improve AI systems
- operate AI systems
without prior written authorization.
SECTION 12
ACCEPTABLE USE
Services are licensed for lawful, intended use only. No ownership interest is transferred.
Users shall not:
- violate law
- infringe intellectual property rights
- engage in fraud
- engage in harassment
- distribute malware
- circumvent security controls
- interfere with Services
- scrape content
- harvest data
- engage in unauthorized automation
impersonate others.
The Company reserves discretion regarding interpretation and enforcement.
SECTION 13
INVESTIGATION AND ENFORCEMENT
The Company may investigate suspected:
- fraud
- abuse
- policy violations
- unauthorized access
- intellectual property violations
security incidents.
The Company may rely upon:
- account records
- authentication logs
- transaction records
- moderation records
- communication records
technical records.
SECTION 14
ACCOUNT RESTRICTIONS AND TERMINATION
The Company reserves broad discretion to:
- suspend accounts
- terminate accounts
- revoke access
- revoke subscriptions
- invalidate tokens
- remove content
- remove leaderboard entries
- revoke achievements
restrict participation.
Participation in the Services is a privilege and not a right.
SECTION 15
DISCLAIMER OF WARRANTIES
15.1 AS-IS SERVICES
To the fullest extent permitted by applicable law, the Services are provided:
"AS IS"
"AS AVAILABLE"
"WITH ALL FAULTS"
without warranties of any kind, whether express, implied, statutory, or otherwise.
15.2 DISCLAIMED WARRANTIES
The Company expressly disclaims all warranties including:
- merchantability
- fitness for a particular purpose
- title
- non-infringement
- uninterrupted availability
- accuracy
- reliability
- compatibility
performance expectations.
15.3 TECHNOLOGY DISCLAIMER
The Company does not warrant that:
- Services will always be available
- subscriptions will always remain available
- VerseKey will always function without interruption
- communications will always be delivered
- defects will always be corrected
content will always remain accessible.
SECTION 16
MINISTRY, EDUCATIONAL, AND INFORMATIONAL CONTENT DISCLAIMERS
16.1 Nature of Content
The Services provide:
- ministry-oriented content
- Christian content
- educational content
- devotional content
- commentary
- opinion-based content
- interpretive content
- media content
community content.
Content is provided for informational, educational, ministry-oriented, devotional, and entertainment purposes.
16.2 Personal Faith Viewpoints
The Services may contain:
- biblical interpretations
- theological discussions
- ministry viewpoints
- devotional reflections
- personal faith perspectives
educational commentary.
Such viewpoints may evolve, change, expand, be revised, be clarified, or be withdrawn over time.
No representation is made that viewpoints will remain unchanged.
16.3 User Discretion Required
Users are responsible for exercising:
- independent judgment
- personal discretion
- critical thinking
personal responsibility.
Users should not rely exclusively upon information presented through the Services.
16.4 No Legal Advice
The Services do not provide legal advice.
Nothing contained within the Services creates an attorney-client relationship.
Users should consult qualified legal professionals concerning legal matters.
16.5 No Medical Advice
The Services do not provide medical advice.
Nothing contained within the Services should be interpreted as medical diagnosis, treatment, medical counseling, or medical recommendations.
Users should consult qualified healthcare professionals concerning medical matters.
16.6 No Financial Advice
The Services do not provide financial advice.
Nothing contained within the Services should be interpreted as investment advice, financial planning advice, tax advice, accounting advice, or financial recommendations.
Users should consult qualified financial professionals.
16.7 No Professional Counseling
The Services do not provide:
- psychological counseling
- psychiatric services
- therapy
- crisis intervention
professional counseling services.
Users requiring professional assistance should seek appropriate qualified professionals.
16.8 Sensitive Information Warning
Prayer requests and spiritual content may reveal sensitive information.
Users should submit only information they are comfortable providing under the applicable privacy settings.
SECTION 17
LIMITATION OF LIABILITY
17.1 Maximum Limitation
To the fullest extent permitted by law, neither The Shepherd Network LLC, David Craig Cooper, nor their affiliates, representatives, contractors, volunteers, moderators, service providers, licensors, or successors shall be liable for:
- indirect damages
- incidental damages
- consequential damages
- special damages
- exemplary damages
- punitive damages
- loss of profits
- loss of revenue
- loss of goodwill
- loss of opportunities
- data loss
business interruption.
17.2 Aggregate Liability Cap
To the fullest extent permitted by law, the total aggregate liability of the Company arising from or relating to the Services shall not exceed the greater of:
- the amount paid by the User to the Company during the twelve (12) months preceding the event giving rise to the claim
One Hundred United States Dollars (US $100.00).
Certain jurisdictions may not permit portions of this limitation.
SECTION 18
INDEMNIFICATION
Users agree to defend, indemnify, and hold harmless:
- The Shepherd Network LLC
- David Craig Cooper
- affiliates
- contractors
- moderators
- volunteers
- representatives
- successors
- assigns
from and against claims, liabilities, damages, losses, expenses, costs, and attorneys' fees arising from:
- User conduct
- User Content
- policy violations
- misuse of Services
- legal violations
intellectual property violations.
This provision does not require indemnification for the Company's own conduct where prohibited by law.
SECTION 19
NO FIDUCIARY RELATIONSHIP
Except where expressly required by law, use of the Services does not create:
- fiduciary relationships
- trustee relationships
- agency relationships
- partnerships
- joint ventures
employment relationships.
The Company owes no fiduciary duty to Users absent a separate written agreement.
SECTION 20
NO RELIANCE
Users acknowledge that they are relying upon their own independent judgment when deciding whether to:
- use the Services
- purchase products
- subscribe
- participate in Communities
- participate in VerseKey
- provide donations
provide sponsorships.
Users agree they have not relied upon representations outside the Company's official written policies.
SECTION 21
USER ASSUMPTION OF RISK
Users voluntarily assume risks associated with:
- internet communications
- online communities
- ecommerce transactions
- digital platforms
- user-generated content
- technology usage
- software usage
- AI-assisted systems
- third-party providers
- educational discussions
ministry discussions.
SECTION 22
FORCE MAJEURE
The Company shall not be liable for delays, interruptions, failures, or inability to perform resulting from circumstances beyond reasonable control including:
- natural disasters
- severe weather
- fires
- floods
- pandemics
- labor disputes
- utility failures
- governmental actions
- internet disruptions
- cyberattacks
- provider failures
supply-chain disruptions.
SECTION 23
BETA FEATURES
The Company may offer:
- beta features
- preview features
- pilot programs
- experimental features
early-access features.
Such features may contain:
- defects
- inaccuracies
- interruptions
unexpected behavior.
The Company reserves the right to modify or discontinue beta features at any time.
SECTION 24
FUTURE TECHNOLOGIES
The Company reserves the right to implement:
- artificial intelligence systems
- machine learning systems
- automation systems
- recommendation systems
- communication systems
- analytics systems
future technologies.
The Company is not obligated to maintain any specific technology, feature, platform, or functionality.
SECTION 25
FUTURE PRODUCTS AND SERVICES
The Company reserves the right to:
- create new products
- discontinue products
- create new subscriptions
- discontinue subscriptions
- create new communities
- discontinue communities
- create software
- create publications
- create educational offerings
create ministry initiatives.
Nothing guarantees continuation of any current offering.
SECTION 26
ARBITRATION AND DISPUTE RESOLUTION
All disputes shall be governed by the Arbitration Procedures and Dispute Resolution Appendix incorporated into these Terms by reference.
Users acknowledge that:
- arbitration may be required
- class actions are waived
- jury trial rights are waived
disputes may be resolved individually.
The Arbitration Procedures Appendix controls in the event of any conflict concerning dispute resolution procedures.
Small-claims and other non-waivable rights are preserved.
SECTION 27
GOVERNING LAW
Except where superseded by applicable federal law, the Services and these Terms shall be governed by the laws of the Commonwealth of Kentucky without regard to conflict-of-law principles.
The Federal Arbitration Act shall govern arbitration-related provisions to the fullest extent permitted by law.
SECTION 28
EXPORT CONTROLS AND SANCTIONS
Users represent and warrant that they are not:
- prohibited from using the Services under applicable law
- located in jurisdictions subject to comprehensive sanctions where prohibited by law
utilizing the Services in violation of export-control laws.
The Company reserves the right to restrict access where reasonably necessary to comply with applicable laws and regulations.
SECTION 29
RECORDS, ELECTRONIC EVIDENCE, AND AUDIT RIGHTS
29.1 Company Records
The Company may maintain:
- account records
- subscription records
- payment records
- moderation records
- parental authorization records
- authentication records
- communication records
- security records
transaction records.
29.2 Evidentiary Use
To the fullest extent permitted by law:
- electronic records
- authentication logs
- transaction logs
- communication logs
- moderation logs
- security logs
may be relied upon as evidence in:
- investigations
- arbitration proceedings
- administrative proceedings
- litigation
dispute-resolution processes.
SECTION 30
BUSINESS CONTINUITY, SUCCESSORS, AND ASSIGNMENTS
The Company may:
- merge
- reorganize
- restructure
- assign rights
- transfer assets
- sell assets
- license assets
- create affiliates
- create subsidiaries
create future entities.
These Terms shall inure to the benefit of:
- The Shepherd Network LLC
- David Craig Cooper
- successors
- assigns
- affiliates
representatives.
SECTION 31
ONLINE-ONLY OPERATIONS DISCLOSURE
The Shepherd Network LLC currently operates primarily as an online enterprise.
Services are generally provided through:
- websites
- digital platforms
- online communities
- ecommerce systems
- digital publications
- media channels
- electronic communications
future online technologies.
The Company is under no obligation to establish physical facilities, public gathering locations, or in-person operations.
SECTION 32
ORGANIZATIONAL EVOLUTION
The Company reserves the right to:
- establish affiliates
- establish subsidiaries
- establish nonprofit entities
- establish charitable entities
- establish publishing divisions
- establish software divisions
- establish educational divisions
- establish ministry initiatives
- establish media divisions
establish ecommerce divisions.
Existing agreements may continue following lawful organizational changes.
SECTION 33
THIRD-PARTY LINKS
The Services may contain links to third-party websites, products, services, platforms, applications, and resources.
The Company does not control and is not responsible for:
- third-party content
- third-party policies
- third-party products
- third-party services
- third-party security practices
third-party privacy practices.
Access to third-party resources occurs at the User's own discretion.
SECTION 34
PLATFORM EVOLUTION
The Company reserves broad authority to:
- modify Services
- redesign Services
- rename Services
- discontinue Services
- add features
- remove features
- modify pricing
- modify subscriptions
modify community structures.
No User is guaranteed continuation of any specific feature or offering.
Material changes affecting paid subscriptions will be handled in accordance with applicable subscription and consumer law.
SECTION 35
INTELLECTUAL PROPERTY ENFORCEMENT
The Company reserves all rights relating to:
- copyrights
- trademarks
- service marks
- trade dress
- branding
- publications
- software
- educational materials
- media content
future works.
Failure to immediately enforce rights shall not constitute waiver.
The Company reserves the right to seek:
- injunctive relief
- damages
- arbitration remedies
- litigation remedies
- statutory remedies
equitable remedies.
SECTION 36
RESERVATION OF MAXIMUM LEGAL PROTECTIONS
All provisions of these Terms shall be interpreted to provide the maximum lawful protection available to:
- The Shepherd Network LLC
- David Craig Cooper
- affiliates
- contractors
- volunteers
- moderators
- representatives
- successors
assigns.
Where any provision is deemed overbroad, it shall be interpreted, modified, limited, or enforced to the maximum extent legally permissible rather than invalidated entirely.
SECTION 37
SURVIVAL
The following provisions survive termination of Services, subscriptions, memberships, accounts, or relationships:
- arbitration provisions
- class-action waivers
- jury waivers
- indemnification obligations
- intellectual property rights
- user-content licenses
- privacy obligations
- record-retention provisions
- limitation-of-liability provisions
- payment obligations
- dispute-resolution provisions
- testimonial licenses
enforcement rights.
SECTION 38
SEVERABILITY
If any provision of these Terms is determined invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
To the extent permitted by law, invalid provisions shall be enforced to the maximum extent legally permissible.
SECTION 39
ENTIRE AGREEMENT
These Terms, together with:
- Privacy Policy
- Cookie Policy
- Community Rules
- VerseKey Terms
- Shepherd Apparels Terms
- DMCA Policy
- Accessibility Statement
- Security Incident and Data Breach Policy
- Arbitration Procedures Appendix
- Definitions Appendix
constitute the entire agreement between the Company and Users concerning the Services.
SECTION 40
CHANGES TO THESE TERMS
The Company may revise these Terms at any time.
Material changes will be posted with a revised effective date and, when legally required, additional notice or renewed assent.
Continued use of the Services following implementation of revisions constitutes acceptance of such revisions only to the extent legally permitted.
Changes requiring affirmative consent will not be imposed solely through passive continued use.
SECTION 41
OFFICIAL CONTACT INFORMATION
The Shepherd Network LLC
Lawrenceburg, Kentucky, USA
Official Contact Address:
Support@TheShepherdNetwork.org
ARBITRATION PROCEDURES AND DISPUTE RESOLUTION APPENDIX
IMPORTANT: THIS APPENDIX AFFECTS LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL.
A.1 Important Notice Concerning Legal Rights
PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR CLAIMS EXPRESSLY EXCLUDED BELOW OR CLAIMS THAT APPLICABLE LAW DOES NOT PERMIT TO BE SUBJECTED TO MANDATORY PREDISPUTE ARBITRATION, A PERSON OR ORGANIZATION THAT AFFIRMATIVELY AGREES TO THIS ARBITRATION AGREEMENT AND THE SHEPHERD NETWORK LLC AGREE TO RESOLVE COVERED DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN THROUGH A LAWSUIT BEFORE A JUDGE OR JURY. JUDICIAL REVIEW OF AN ARBITRATION AWARD IS LIMITED BY LAW.
A.2 Separate Affirmative Assent
For an account, paid Service, subscription, organizational Service, ecommerce relationship, or other transaction for which TSN intends this Arbitration Agreement to be binding, TSN should present the arbitration disclosure conspicuously and obtain an affirmative electronic indication of agreement. TSN should not rely solely on an inconspicuous hyperlink, passive browsing, or silence where affirmative assent is reasonably available.
A.3 Electronic Arbitration Choice
Where implemented, the electronic interface may present a substantially similar choice: "I AGREE TO BINDING ARBITRATION" and "I DO NOT AGREE TO BINDING ARBITRATION." For a Service that TSN offers only on contractual terms requiring arbitration, selection of "I DO NOT AGREE" may mean that the person or organization cannot create, purchase, activate, renew, or continue the applicable contractual Service, except where applicable law requires a different result. Public informational content that TSN makes generally available without account formation need not be conditioned upon arbitration assent solely because it is publicly accessible.
A.4 Assent Record
TSN may maintain a record of arbitration assent that includes the user or organizational account identifier, the version of the Arbitration Agreement and Terms presented, the date and time of assent, the affirmative selection made, the Service or transaction involved, and other information reasonably necessary to establish the electronic agreement. Such records are governed by the Privacy Policy.
A.5 Informal Notice of Dispute
Before commencing arbitration, a party should provide the other party a written Notice of Dispute describing the claimant, the material facts, the legal or contractual basis of the dispute if known, the requested relief, and reasonably sufficient contact information. Unless emergency or time-sensitive relief is legally necessary, the parties will allow at least thirty (30) days after receipt of a substantially complete Notice of Dispute for good-faith informal resolution.
A.6 Agreement to Arbitrate
Subject to the exclusions and limitations in this Appendix, the parties agree that covered disputes arising out of or relating to the applicable TSN Terms, Service, account, purchase, subscription, organizational agreement, privacy practice, communication, or transaction will be resolved through final and binding individual arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
A.7 Arbitration Administrator and Rules
Unless the parties agree otherwise in writing, consumer disputes will be administered by the American Arbitration Association under its then-current Consumer Arbitration Rules and Mediation Procedures when those rules apply. Business-to-business disputes may be administered under the AAA's then-current Commercial Arbitration Rules when appropriate. If the AAA is unavailable or declines administration, the parties will attempt in good faith to select another neutral administrator; if they cannot agree, a court of competent jurisdiction may appoint or select an administrator or arbitrator to the extent permitted by law.
A.8 Arbitration Costs
Consumer fees and costs will be allocated in accordance with the applicable administrator rules and nonwaivable law. TSN will not require an individual consumer to bear arbitration costs that applicable law or the administering organization's consumer rules require the business to pay. Each party ordinarily bears its own attorneys' fees and expenses unless a contract, statute, rule, or arbitration award lawfully provides otherwise.
A.9 Individual Proceedings
Except where prohibited by applicable law, covered disputes will be arbitrated only on an individual basis. Neither party agrees to class arbitration, representative arbitration, consolidated arbitration involving unrelated claimants, or arbitration in a private-attorney-general capacity unless the parties later expressly agree in writing or applicable law requires a different result.
A.10 Sexual Assault and Sexual Harassment Exception
Nothing in this Arbitration Agreement limits rights provided by 9 U.S.C. §§ 401-402. At the election of a person alleging a qualifying sexual-assault dispute or sexual-harassment dispute, a predispute arbitration agreement or predispute joint-action waiver is not valid or enforceable with respect to a case covered by that federal law.
A.11 Small Claims
Either party may pursue an eligible individual dispute in a court of competent small-claims jurisdiction instead of arbitration when the matter qualifies for that court and remains within its lawful jurisdiction. A small-claims matter may not be used to circumvent an otherwise enforceable individual-arbitration requirement by asserting class, representative, or consolidated relief that the small-claims court lacks authority to provide.
A.12 Temporary and Injunctive Relief
Either party may seek temporary, preliminary, or emergency injunctive relief from a court of competent jurisdiction when reasonably necessary to protect intellectual property, confidential information, data security, system integrity, safety, account access, or the status quo pending arbitration, to the extent permitted by applicable law. Seeking such limited relief does not waive arbitration of the underlying covered dispute.
A.13 Claims That Cannot Lawfully Be Arbitrated
A claim or remedy that applicable law makes nonwaivable or legally prohibits from being subjected to mandatory predispute arbitration will not be forced into arbitration to the extent of that prohibition. The remainder of this Arbitration Agreement will continue to apply to the maximum extent legally permitted.
A.14 Arbitrator Authority
Subject to matters that applicable law requires a court to decide, the arbitrator may determine issues concerning the merits of covered claims and may award individual relief available under applicable law and the governing agreement. The arbitrator may not award relief for or against persons who are not parties to the individual arbitration except as applicable law permits.
A.15 Hearing Location and Remote Proceedings
Arbitration may proceed by documents, telephone, videoconference, or in-person hearing as permitted by the applicable administrator rules, the parties' agreement, and applicable law. Where an in-person consumer hearing is required, location will be determined in a manner consistent with applicable law and the administrator's consumer rules so that the forum is not unreasonably burdensome.
A.16 Final Award and Court Enforcement
The arbitrator's award will be final and binding subject to the limited review, confirmation, modification, correction, or vacatur rights provided by applicable arbitration law. A court with jurisdiction may enter judgment on, confirm, enforce, modify, correct, or vacate an award only as permitted by applicable law.
A.17 Governing Arbitration Law
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement to the extent applicable. Kentucky substantive law applies to the underlying agreement to the extent a Kentucky choice of law is legally permitted, subject to federal preemption and nonwaivable rights or protections applicable in another jurisdiction. Kentucky's Uniform Electronic Transactions Act, KRS 369.101 through 369.120, recognizes electronic records, signatures, and contracts subject to its terms.
A.18 Severability
If a provision of this Arbitration Agreement is held invalid or unenforceable, the provision will be enforced to the maximum extent permitted and severed where legally appropriate, while the remainder continues in effect. If a class, collective, or representative-action waiver is held unenforceable for a particular claim in a manner that applicable law does not permit severance, the treatment of that claim will be determined under the governing law and administrator rules rather than by expanding the arbitrator's authority beyond what the parties lawfully agreed.
A.19 Survival
To the extent legally permitted, this Arbitration Agreement survives account closure, cancellation, termination of a subscription or Service, completion of a transaction, or termination of the parties' contractual relationship with respect to disputes arising from or relating to the covered relationship.
A.20 No Waiver of Informal Customer Support
Nothing in this Appendix prevents a user from first contacting TSN customer support, requesting a refund or correction, submitting a privacy request, reporting an accessibility barrier, making a good-faith complaint, or seeking ordinary customer assistance. Use of those processes does not by itself commence arbitration or constitute misconduct.
SECTION 42
FINAL ACKNOWLEDGMENT
By accessing or using the Services, Users acknowledge that they:
- have read these Terms
- understand these Terms
- agree to these Terms
- consent to applicable policies
accept responsibility for compliance with applicable policies and laws.
If a User does not agree to these Terms, the User must immediately discontinue use of the Services.
The Shepherd Network LLC Master Legal Manual Version 1.1 | August 17, 2026
Questions about this policy? Contact support@theshepherdnetwork.org