13.
: If any part of these Terms and Conditions, excluding the Disputes section below, is found by a court or arbitrator to be invalid, illegal, or unenforceable, as written or as applied, then such provision will be revised to the extent necessary to make it valid, legal, and enforceable, as written or as applied, and the remaining parts of these Terms and Conditions will remain in full force and effect.
14.
Construction/Disputes: Any controversy or claim arising out of or relating to the Offer shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to
JAMS Mediation, Arbitration, ADR Services to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.
In resolving a claim for arbitration, the arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Presenter will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither claimant nor the Presenter shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. ENTRANT MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
DO NOT PARTICIPATE IN THIS OFFER IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.BY PARTICIPATING IN THIS OFFER, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE OFFER, ANY MERCHANDISE OBTAINED BY CODES, OR ANY REWARDS ITEMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL.
15.
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any individual or the Presenter, shall be governed by, and construed in accordance with the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of Virginia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Virginia. The parties agree that all disputes arising out of or connected with these Terms and Conditions or the Offer will be resolved individually, and without resort to class action.
16.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY:
PRESENTER MAKES NO WARRANTY OF ANY KIND REGARDING THE OFFER, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PRESENTER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OFFER WILL BE ERROR-FREE OR AVAILABLE AT ALL TIMES. THE PRESENTER FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE OFFER. THE PRESENTER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, CONFORMITY WITH DESCRIPTION AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE OFFER AND REWARDS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PRESENTER’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. PARTICIPANTS ACKNOWLEDGE THAT PRESENTER HAS NOT MADE, NOR IS IT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY REWARD, INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES AND/OR GUARANTEES ON A REWARD (IF ANY) ARE SUBJECT TO THE RESPECTIVE MANUFACTURER’S TERMS, AND PARTICIPANT AGREES TO LOOK SOLELY TO SUCH MANUFACTURER FOR ANY SUCH WARRANTY AND/OR GUARANTEE. DIGITAL REWARDS ARE GOVERNED BY THE TERMS AND CONDITIONS SET FORTH BY THE RESPECTIVE ISSUER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRESENTER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, SAVINGS, GOODWILL OR REVENUE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS (INCLUDING IN EACH CASE NEGLIGENCE), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE OFFER, INCLUDING WITHOUT LIMITATION, THE EARNING OR REDEEMING OF CODES AND THE USE AND/OR MISUSE OF ANY REWARD, (B) ANY FAILURE OR DELAY BY THE PRESENTER IN CONNECTION WITH THE OFFER (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS OFFER), OR (C) THE PERFORMANCE OR NONPERFORMANCE OF THE OFFER BY THE PRESENTER, EVEN IF THE PRESENTER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PRESENTER’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.PROGRAM.
John Middleton Company, 6601 West Broad Street, Richmond, VA 23230.
