Disputes With Company. (a) CHOICE OF LAW; EXCLUSIVE JURISDICTION: All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed under the laws of the State of Texas, excluding Texas conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Xxxxxx County, State of Texas and the User waives any right to contest this mandatory venue provision; subject, however, to the right of the Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts.
Disputes With Company. All disputes arising out of or relating to this Agreement (including its formation, performance, alleged breach, enforceability and validity) or your access to or use of the Materials, Contributions and website, including without limitation your or others’ downloading or consumption of Materials or other materials available by means of the website or third-party websites, your uploading Contributions to the website, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in the City and State of New York, before and in accordance with the rules of JAMS. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. Notwithstanding the foregoing, Company will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights. In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in the State of New York and New York County. This Agreement will be interpreted exclusively by New York law. IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER REGISTERING WITH THE WEBSITE BY SENDING US AN EMAIL AT XXXXXXX@XXX.XXX. IF YOU NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION, YOU MAY CONTINUE TO USE THE STREAMING VIDEO PORTION OF THE WEB SITE; HOWEVER, YOUR REGISTRATION WILL BE CANCELED AND YOU WILL NOT BE ABLE TO USE THE INTERACTIVE FEATURES OF THE WEBSITE. IF YOU ELECT TO CONTINUE USING THE STREAMING VIDEO PORTION OF THE WEBSITE AFTER GIVING COMPANY SUCH NOTICE, YOU AGREE TO ACCEPT ALL OF THE TERMS OF THIS AGREEMENT EXCEPT FOR THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION.
Disputes With Company
