Privacy Policy

For GFR Media, LLC ("GFR Media") protecting the privacy of your personal information is very important. This Privacy Policy describes GFR Media's practices in the collection, use and disclosure of certain Information when a User accesses or uses Services or Contents on or through the Channels (as such terms are defined below). This Privacy Policy is applicable to the practices of GFR Media's collection, use and/or disclosure by GFR Media of the Information of the User that is collected when accessing or using Services or Contents through the Channels. The Policy does not cover Information provided or collected by GFR Media other than in relation to Services or Contents that may be accessed through the Channels. Access to and use of certain GFR Media Services, Channels and/or Content may be subject to certain privacy notices that may complement and/or modify this Privacy Policy. In order to access or use such Services, Channels and/or Content, the User must accept such particular privacy notices as they are modified from time to time. In the event of a discrepancy between this Privacy Policy and those particular privacy notices, such particular privacy notices will always prevail.

GFR Media, LLC, has its principal offices on Road 165, # 50, Buchanan Sector, Amelia Industrial Park, Guaynabo, Puerto Rico 00968.

You are urged to read this Privacy Policy carefully. Access to and/or use of the referred Channels, Contents or Services represents your acceptance that said access and/or use, as well as any dispute over privacy, shall be governed by this Privacy Policy (PONER LINK) and the Terms and Conditions of Use of GFR Media (PONER LINK).

I.                   Definitions

As used in this Privacy Policy, the following terms, words or phrases will have the meanings described below:

"Affiliates" means the affiliated or subsidiary entities of GFR Media, and their respective managers, directors, employees, agents and/or representatives.

“Channel” or “Channels” means channels, websites, web pages, web portals, platforms or applications known or to be developed and which are available in the present time or in the future, through which the Services and Contents offered by GFR Media can be accessed or used. The Channels include, but are not limited to, the Site, mobile applications, email, social media, communication or mobile phone services, messages or alerts of mobile applications (known as "push notifications" or "server push notifications" which may be transmitted through devices - or beacons - that are in the proximity of the User's equipment that is enabled to receive or send communications using Bluetooth wireless systems or other type of system or technology), text messages (including "Short Message Service" or "SMS", and "Multimedia Messaging Services" or "MMS"),"Really Simple Syndication" or "RSS", among others.

"Content" or "Content" includes, but is not limited to, any image, illustration, video, text, writing, document, information, graphic, drawing, sound or image file, photograph, recording, software, and in general, any kind of material or content. The term Content is to be interpreted in its broadest sense.

 "Cookies" means a data file or small text that is sent to your browser and stored on your computer or mobile device or device.

"Customized Services and Content" means any of the Services or Content offered and/or provided to particular Users, due to any Information obtained by GFR Media (including information about products, advertising inserts, services and/or Content based on interests, preferences and/or activities of the User).

"Information" means all types of information and includes Personal Information and Non-Personal Information.

"Non-Personal Information" means any information that cannot identify itself to a particular User.

"Personal Information" means any information that by itself can identify a particular User and includes the following information: name, phone number, physical address, mailing address, email address, payment method, credit card number, etc. The term "Personal Information" excludes any information that is otherwise public in nature such as that which the User discloses in a Public Area.

"Public Area" or "Public Areas" means any area, site, page, portal, section, application, service or program through which Users may provide, upload, transmit, publish, transfer or share Information or Content that may be examined, shared or accessed by or with other Users or third parties, and includes (but is not limited to) blogs, discussion forums, comment sections, surveys, video sharing media, photo sharing media, comments, messages, profiles, chats, groups, social media, and any other means known in the present and/or developed or known in the future that allows Users to provide Information or Content in a way which may be examined by other Users or by third parties.

"Service" or "Services" include online access to: Contents of the Primera Hora, Indice and El Nuevo Día newspapers, the Site and the Content available there, magazines, vertical content, magazines, phonebooks, Comment sections, social media, classified ads services, sales ads, commercial advertisements, offers, coupons, discounts, search services, newsletter services, e-mail sending services, survey services, download services for a variety of content, API, applications, software download services, subscription services to newspapers or magazines and other services that may be offered by GFR Media.

"Site" means the sites, pages or portals belonging to GFR Media. The term "Site" includes, but is not limited to, www.endi.com, www.elnuevodia.com, www.primerahora.com, www.shop.pr, www.magacin.com, www.sal.pr, www.clasificados.pr, www.ofertadeldia.com, www.indicepr.com, and any other site, page or website in which a link is placed or reference is made to this Privacy Policy.

"User" or "Users" means the person accessing or using the GFR Media Contents, Services, and Channels.

II.                What information do we collect?

A.     We collect Personal Information provided voluntarily by Users.

Users may access or use some Services, Content or Channels without the need to provide Personal Information. However, in order to access or use some Services, Content or Channels it will be necessary for the User to provide certain Personal Information. In such cases, the following Personal Information provided voluntarily by the User as part of their use or access to the Channels, Contents or Services may be collected:

1.      Personal Information requested as part of the registry.

GFR Media may collect and store Personal Information that the User voluntarily provides as part of the registration process to access or use some Content and Services offered by GFR Media through the Channels. The User may have the opportunity to register by creating an access account through the tools that GFR Media could provide for these purposes and that are available for some pages, sites, portals, Channels, Contents and/or Services. As part of that registration process, the User could provide Personal Information (such as name, surname, date of birth, address, telephone number, gender, etc.) that could be collected and stored by GFR Media.

The User may have the opportunity to register by connecting or linking an existing and created account through services offered by third parties that are accepted by the registration tools provided on the Channels for those purposes (including certain social media). The User acknowledges and agrees that by authorizing to connect or link his or her account with third parties to register, said third party could provide GFR Media with Information from the User (including, but not limited to, the User's name and last name, date of birth, email address, username or screen name, photos, images, avatars, contacts or friends, people that the User follows, people who follow the User, "likes" or similar actions, and information about the User's profile, among others) and that GFR Media may collect, store, use and/or disclose such Information as set forth in this Privacy Policy and the GFR Media Terms and Conditions of Use.

2.      Information provided as part of raffles, competitions, promotions or surveys.

GFR Media may also collect and store Personal Information provided voluntarily by Users in connection with sweepstakes, contests and promotions or in responses to optional surveys.

3.      Information for billing and processing of transactions.

GFR Media may also collect and store Personal Information provided by the User for the processing and billing of transactions performed on or through the Channels or Services (such as name, surname, gender, address, telephone number, payment method information (i.e credit card information) or other information for processing and billing of a transaction).

4.      Personal Information provided by third parties

GFR Media may receive and store Personal Information legally obtained from commercial sources or sources accessible to the general public. GFR Media may collect and store Personal Information that it may access when the User voluntarily interacts with GFR Media Content or Services through social media (including plugins, applications, or social media integrations).

B.     Collection of Non-Personal Information

As will be explained below, GFR Media may collect and store Non-Personal Information automatically using various forms of technology. Non-Personal Information may be combined with the User's Personal Information for the purposes described in this Privacy Policy, including to provide Customized Services and Content.

1.      Non-Personal Information about equipment used by the User. GFR Media may collect and store Non-Personal Information related to the equipment or devices that the User uses to access or use the Services or Contents through the Channels, such as the IP Address of the computer or the mobile device or equipment of the User or the "Media Access Control Address" of the User's mobile device or equipment. In addition, GFR Media may collect and store Information on whether the User is using a mobile device or computer.

2.      Non-Personal Information about the access or use of Services or Content. GFR Media may automatically collect and store Non-Personal Information about the type, language and model of the browser used by Users to access or use the Services or Content through the Channels. GFR Media may also collect and store Information on the number of visits or access to certain Content, Service, level of activity of Users on the Site, as well as other data of the use, visit or access of the Services or Contents through the Channels. For more information, see Section V of this Privacy Policy (Cookies, Web Beacons, and other Technology). After being collected, this Non-Personal Information is added in such manner that it does not identify a particular User.

3.      Information regarding location. By accessing or using any of the Services or Content through any of the Channels, GFR Media may collect and store the User's Non-Personal Information using various technologies such as IP Address, Mobile Access Control Address, Bluetooth beacons, GPS, or other type of technology that could provide Information to GFR Media about the exact or approximate location (or in relation to devices, equipment, antennas or towers or WiFi access points) of the computer or device or equipment Mobile that the User uses to access or use Services or Contents through the Channels. If authorized by the User, GFR Media may use the location services of the equipment or device that the User uses to access or use the Services or Content through the Channels to collect information on the exact or approximate location of such equipment or device.

4.      Information and Content placed in Public Areas.

The User acknowledges that he or she has no expectations of privacy with respect to any Information or Content (including, but not limited to, the name and surname of the User, date of birth, email address, username or screen name, photos, images, avatars, contacts or friends, people that the User follows, people who follow the User, "likes" or similar actions, and information about the User profile, among others) that the User posts or discloses in Public Areas. Any Content or Information that the User places or discloses in Public Areas could be collected and stored by GFR Media or by third parties. Any Information or Content that is disclosed or published by the User in Public Areas is disclosed or published at the sole risk of the User and with the understanding that such Information may be collected and used by third parties to send to the User unsolicited messages, promotions, advertisements and for other purposes. The User releases GFR Media and its Affiliates of all liability for and against all access and/or use of all Information that the User discloses in the Public Areas.

 III.            Use of Information Collected.

Personal Information is collected and stored to enable GFR Media to provide its Users with certain Customized Services and Content, develop new products and maintain a mutually productive and valuable relationship. The Personal Information may be used to provide the User with those Services or Content that the User requests or processes. GFR Media may also use the User's Personal Information for the processing and billing or collection of transactions performed on or through the Services or Channels.

GFR Media (its Affiliates or third parties with which GFR Media contracts) may use the Personal Information (alone or with the Non-Personal Information) of said User  that is collected and/or stored by GFR Media to provide or send the User, via the Channels or direct marketing or telemarketing campaigns, Information about the Site, Services, Content, other services and products of GFR Media or its Affiliates, the services and products of third parties, or information about which the User has Indicated interest.

GFR Media may use the Non-Personal Information of Users for internal purposes related to research and development; analysis of Users; optimize the User’s experience; provide Customized Services and Content (alone or with Personal Information); to make business decisions; or to improve or develop its Services, Contents or Channels (or develop new Services, Content or Channels). Also, this Non-Personal Information of Users could be used to generate reports or statistical analysis that may be shared with third parties. For more information on the use of Non-Personal Information collected and stored by GFR Media, see Section V of this Privacy Policy (Cookies, Web Beacons, and other Technology).

  IV.            Disclosure of Collected Information.

Except as provided in this Privacy Policy, GFR Media will not sell, assign, rent, transfer or otherwise disclose the Personal Information that the User provides to GFR Media or any other person without the prior consent of the User. However, GFR Media reserves the right to disclose or share the User's Personal Information in the manner set forth in this Privacy Policy.

GFR Media and its Affiliates may disclose Personal Information to comply with the law, or if required by an administrative or judicial order, or when, in its sole discretion, they understand that disclosure of Personal Information is necessary to protect the rights and/or property of GFR Media and/or its Affiliates, or to protect the physical safety or health of any person.

On the other hand, if the User authorizes GFR Media to share Personal Information with other people, it will do so at its own risk. The User releases GFR Media from and against any liability arising from the collection, handling and/or disclosure of Personal Information that has been disclosed by GFR Media to a third party with the consent and/or authorization of the User.

All Information and/or Content supplied, shared, sent, transmitted, uploaded, downloaded and/or stored by Users in any format, in connection with or as part of the Services, and/or through any Channel or media (including but not limited to, the Site, MMS, SMS, and/or email), in Public Areas or in a manner that implies that it could be directly or indirectly available for use, review or public access by third parties (including but not limited to Affiliates) without limitation and GFR Media may disclose to third parties (including but not limited to Affiliates) without limitation the name, identity, username or screen name, image, photo, avatar or other User Information that provides, shares, sends, transmits, uploads, downloads and/or stores such Information and/or Content.

GFR Media may transfer, assign, rent, or sell to third parties Personal Information (including Information of the User's use or access to the Services, Content and Channels) in connection with events outside their ordinary business practices, including without limitation to the sale, merger, consolidation, change of control, transfer or sale of assets, reorganization or liquidation.

GFR Media may share or disclose Personal Information with its Affiliates and/or those entities or individuals with whom it contracts to (i) carry out functions or services related to the operation, management and maintenance of the Site, Services, Contents and/or Channels (including but not limited to service providers of web hosting, programming, or applications); (ii) the processing of collections and payments of transactions made through the Services; (iii) the processing, handling and delivery of products, goods or coupons purchased or requested by the User through the Services or Channels; and/or (iv) provide or send information on or through any Channel or method to the User regarding the Site, Services, Content, Customized Service and Content, other services and products of GFR Media or its Affiliates, services and products of third parties, or information for which the User has indicated interest.

GFR Media may offer services, products or promotions together with its Affiliates or third parties on or through the Site, Channels or Services. In such cases, GFR Media may share or disclose Information collected in connection with such services, products or joint promotions to the Affiliate or third party with which said service, product or promotion is made. Information shared with Affiliates or third parties in such cases will be subject to their privacy policies.

GFR Media may share or disclose Non-Personal Information of Users with its affiliates and/or those entities or individuals with whom it contracts for the performance of functions or services related to the operation and maintenance of the Site, Services and/or Channels (Including but not limited to web hosting service providers).

GFR Media may share or disclose Non-Personal Information of Users in aggregate form with third parties with whom it contracts to allow the display and arrangement of online advertising of the Services, Contents and Channels of GFR Media on third party sites, pages or websites. These third parties include: ad networks, ad platforms, agencies, data analysis service providers, social media, among others.

GFR Media reserves the right to disclose or share Personal Information in aggregate form that does not identify any particular User with third parties for purposes of marketing analysis.

     V.            Cookies, Web Beacons, Local Storage and other Technology

GFR Media may use cookies, web beacons, local storage and other similar technology that allows the collection and storage of Non-Personal Information when the Users accesses or uses the Services or Contents through the Channels.

A.        Cookies. GFR Media may place cookies in the User’s computer, mobile device or equipment when the User accesses or uses the Services or Contents though the Channels. The cookies placed inthe computer, mobile device or equipment of the User to collect Non-Personal Information, maintain a registry of the User’s behavior, interests, and/or preferences in the Internet or the World Wide Web, in order to provide Customized Services and Contents. As a mere example, GFR Media places cookies in the User’s computer to:

(i)                 Provide our servers with Information of the User when she or he re-access the Services or Content through the Channels, so that the User does not have to retype the registration credentials, and make the cyber experience easier.

(ii)               Send the User Information about products, Services and/or Content (or services, goods or Contents of Affiliates or third parties) directed to the interests and preferences of the User.

(iii)             Display each time the User accesses the Services or Content through certain Channels, Customized Services and Content (including advertising inserts) that best fit the interests, preferences and activities that the User performs online.

(iv)             Correctly estimate the total of our audience and frequency of use.

(v)               Carry out market research to improve the Content, Channels, Services of GFR Media and/or its Affiliates or to develop new Content, Services or Channels.

The User can prevent GFR Media from placing cookies on his or her computer. Most browsers automatically accept cookies, but usually the User can configure his or her browser to not accept cookies. If the User decides not to accept cookies on his or her computer, said User will not be able to fully enjoy the experience of accessing and/or using the GFR Media Services and products.

The forms or mechanisms to delete or block cookies may vary according to the browser used by the User. The following are links to the instructions of the main browsers on how to block, disable or delete cookies:

Google Chrome: https://support.google.com/accounts/answer/61416?hl=en

Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari: https://support.apple.com/kb/PH21411?viewlocale=en_US&locale=en_US

Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies

For more information, it is necessary to review the instructions and materials of the browser used by the User.

B.  Web Beacons.

GFR Media may use web beacons (also known as "pixels", "gifs", "tags") or other type of technology that generates communication when a User visits, accesses or uses the Service or Content through a Channel that uses such technology and which may be processed by GFR Media or by third parties with which GFR Media has contracted for such purposes. Web beacons are used to count the number of people who visit the Services or Contents through the Channels, as well as to identify when a User has accessed or used a Service or Content and to also maintain a record on the behavior of Users, Interests and/or preferences on the Internet or on the World Wide Web. GFR Media may use web beacons along with cookies to provide Customized Services and Content for the User (including advertising inserts) that best fit the interests, preferences and activities of the User online.

This technology works in conjunction with cookies. If a User does not want the Information collected through the cookies to be linked to your visit, access or use of the Site, the User has the option to configure their browser So that it does not accept cookies. However, web beacons and other such technologies could detect visits to the web pages of the Site where they are used without being associated with Non-Personal Information collected through cookies.

C.     Local Storage and other Technologies

GFR Media may use local storage technology (including "Local Shared Objects" or "Flash Cookies") as well as local HTML5 storage and other similar technology to store Information on the User's computer, mobile device or equipment on their activities and preferences when the User accesses or uses the Services or Content through the Channels. This technology can be used in conjunction with the User’s Personal Information in order to provide the User with Personalized Services and Contents (including advertising inserts) that best fit the interests, preferences and activities that the User performs online. The following is a link to instructions on how to disable or delete Flash Cookies https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Some browsers may offer tools to manage or delete files created by this type of technology (for example, through the settings used for handling cookies and user privacy preferences). However, not all browsers provide tools that allow the User to control other such technology. For more information, it is necessary to review the instructions and materials of the browser used by the User.

  VI.            Security

GFR Media will take all commercially reasonable security measures to protect Personal Information from loss, destruction, falsification, manipulation and unauthorized access and/or disclosure. However, GFR Media DOES NOT WARRANT that Personal Information may not be lost, destroyed, falsified, manipulated, accessed and/or disclosed by third parties or for reasons beyond its control. All protection of the User's privacy begins with the User himself. The User is responsible for keeping in secret any password or credential that is assigned to register and should be cautious and responsible when disclosing Information through the Channels and Services. The User releases GFR Media and its Affiliates from and against any liability for the loss, destruction, falsification, manipulation and unauthorized access and/or disclosure of Personal Information that occurs for reasons beyond the control of GFR Media.

VII. Collection of Information by Third Parties

Third parties may collect Information about the User's online activities on different sites or websites.

GFR Media may contract with third parties on matters related to the operation, development and maintenance of the Services, Content or Channels (such as banner ads, web hosting, and applications, among others), including issues related to the display and arrangement of online advertising. These third parties may have access, collect and/or use Non-Personal Information of Users through their own cookies, web beacons, local storage technology, or other technology to keep track of the number of Users accessing the Services, Contents or Channels, and/or to identify the advertising insertions that best fit the interests, preferences and activities that the User accesses or uses the Services or Content on or through the Channels.

GFR Media may contract with third parties to allow the display and arrangement in the Services and Contents accessible through the online advertising media of these third parties (or persons contracted with them). These third parties may access, collect and/or use Non-Personal Information of Users through their own cookies, web beacons, local storage technology, or other technology to keep track the number of Users and maintain a record on the behavior of Users, interests and/or preferences on the Internet or on the World Wide Web, and/or to identify advertising inserts that best fit the interests, preferences and activities that the User performs when accessing or using the Services or Content on or through the Channels.

GFR Media and its Affiliates are not responsible, nor control or sponsor the pages, applications, sites and/or websites of third parties that can be accessed through the links that appear in the products, in the Site, the Contents, the Channels and/or Services or to the portals, sites, pages, applications, products and/or services of those third parties where Users may have accounts that they use to register in order to access and/or use certain pages, sites, portals, applications, Contents, Channels and/or Services offered by GFR Media. Therefore, these third parties, excluding GFR Media and its Affiliates, are exclusively responsible for the collection, management and/or disclosure of any Information that the User offers and/or reports on or through said platforms, pages, applications, sites and/or websites of third parties. GFR Media and its affiliates do not warrant that such platforms, pages, applications, sites and/or third-party portals protect the information they obtain from their users. Such other websites, sites and/or portals may have their own privacy policies and information collection policies, which the User should examine before providing any information to them.

The User releases GFR Media and its Affiliates from and against any liability for any Information: (i) that offers and/or informs other platforms, pages, applications, sites and/or third-party websites not owned by GFR Media or its Affiliates or (ii) provided to third parties in connection with any products or Services provided by GFR Media or its Affiliates through any of the Channels.

VIII. Do Not Track Signals

GFR Media may track the User's online behavior through the use of technology to increase the effectiveness of the ads or Content provided on the Site or the Channels. Examples of online behavior that could be tracked include response to promotions or advertisements, websites being visited, and Content accessed by the User. For more information about the technology used by GFR Media for these purposes and about the alternatives that the User has with respect to it, see Section V of this Privacy Policy (Cookies, Web Beacons, and other Technology).

Currently, some browsers offer the option to their users to select in their configuration the option of not being tracked ("do-not-track"). These browsers, in turn, transmit signals to the websites with which the browser communicates. To the extent that there is no uniformity in the industry regarding the use of this type of technology, for the time being, GFR Media will not assign value or meaning to "do not track" signals and will not respond to them.

IX.              Personal Information of Children under 13 years

GFR Media will not collect, use or disclose Personal Information of a User known to be under thirteen (13) years of age. If it comes to the attention of GFR Media that it has inadvertently received Information of a child under thirteen (13) years of age through the Site, GFR Media will proceed to delete such Information from its records.

X.                 Control of Information by the User

For some Services and/or Channels, GFR Media may offer mechanisms that will allow the User to correct or delete their Personal Information through the Channels. The User may access, correct or delete the Personal Information provided as part of the registration through the mechanisms available on the Site to modify the profile Information. If the User wants to delete the Personal Information that has been collected by GFR Media through the Services or Channels, the User may do so by sending a message to [email protected]

If the User wants that his or her Personal Information be deleted, he or she does so by acknowledging and accepting that any such information may be kept in the records and/or archives of GFR Media or its Affiliates. Such information will not be used by GFR Media or its Affiliates for any commercial purpose. In addition, even if your Personal Information is deleted, the User acknowledges and accepts that Information or Content (according to the Terms and Conditions) that has been posted, expressed, stored, communicated, shared or otherwise disclosed by the User to third parties through the Public Areas could remain available for the review, examination or access of other persons if third parties copied, reproduced or in any way stored such Information or Content.

If the User wants to ask any questions about this Privacy Policy, please send an email to [email protected]

XI.              User Options

The User may at any time opt out of the authorization given to GFR Media to use your Information to provide or send you information about the services and products of its Affiliates or third parties or for GFR Media to share your Personal Information in the manner described in this Privacy Policy. The User could exercise these options in the following ways:

If the User wants GFR Media not to send more emails with commercial messages, it can do so by using the mechanism provided in the emails with commercial messages sent by GFR Media (located at the end of each message) to request that no more messages be sent to you. If you have any inconvenience using the mechanisms offered by GFR Media to request that no more emails with commercial messages be sent to you, the User can send an email to [email protected] indicating the commercial message(s) he or she does not wish to receive.

If the User wants to opt out of the authorization given to GFR Media to use your Information to provide or send you information about the services and products of its Affiliates or third parties or for GFR Media to share your Personal Information in the manner described In this Privacy Policy, the User must click on the "Unsubscribe" option provided at the bottom of each communication.

XII. Changes to the Privacy Policy

GFR Media reserves the right to amend, modify, add to and/or replace at any time this Privacy Policy, in whole or in part, by posting them through the Channels. Through said notice, GFR Media will disclose the effective date of said amendments, changes, substitutions or modifications to this Privacy Policy. The use by GFR Media of any of Channels to notify amendments, changes, substitutions or modifications to this Privacy Policy will be understood as sufficient notice thereof to the Users. Unless otherwise provided in a specific notice, changes or amendments to this Privacy Policy will take effect as soon as they are posted through the Channels. Any material changes to this Privacy Policy regarding the collection, use and disclosure of Information will be of a prospective nature, except in the cases that the User grants his express affirmative consent for such material changes to apply to Information collected under previous versions of this Policy. Privacy. This version of the Privacy Policy came into effect on January 1, 2016.

XIII. Miscellaneous

If any provision of this Privacy Policy is declared void, invalid, unlawful, unconstitutional or otherwise without legal effect, in whole or in part, by a competent court, the remaining provisions will remain valid and will continue to bind the parties to all legal effects.

YOUR ACCESS, USE, VISIT OR TRANSACTIONS ENTERED INTO OR THROUGH THE CHANNELS OR SERVICES, AS WELL AS ANY DISPUTE RELATED TO THE PRIVACY OF YOUR INFORMATION, IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS OF USE OF GFR MEDIA, INCLUDING, BUT NOT LIMITED TO, THE SELECTION OF VENUES, INDEMNIFICATION AGREEMENTS, AND WAIVERS SET FORTH THEREIN.