In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms and Conditions, the use of this Site or information obtained through this Site, or any other claims, disputes, or controversies arising out of or relating to this Site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute through confidential binding arbitration in Tennessee, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Keller Turner Andrews & Ghanem PLLC, 20 Music Square W., Suite 200, Nashville, TN 37203. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms and Conditions will be governed and interpreted pursuant to the laws of Tennessee, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Tennessee in connection with any dispute between you and us arising out of these Terms and Conditions or pertaining to the subject matter hereof. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and federal courts in Tennessee. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions (including our privacy policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. We may revise these Terms and Conditions at any time by updating this posting.