Effective Date: January 18, 2023
THE FOLLOWING PROGRAM TERMS GOVERN YOUR ACCESS TO AND USE OF THE CHRISTIANBOOK REWARDS WEBSITE AVAILABLE AT CHRISTIANBOOKREWARDS.COM (“SITE”) AND ALL PROGRAMS OFFERED THROUGH THE SITE, WHICH INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE SET FORTH BELOW. ACCORDINGLY, PLEASE READ THESE TERMS CAREFULLY.
The access, and use of, and the purchase of products and services through, the Christianbook website located at Christianbook.com is subject to the Christianbook Terms and Conditions located at https://www.christianbook.com/page/info/terms-and-conditions.
1. Program Terms. These Program Terms (“Terms” or “Program Terms”) constitute the legally binding terms governing your use of the Site and the membership programs available to you through the Site (each, a “Program”). The full details of the Program are available at ChristianbookRewards.com/how-it-works.
1.1. Acceptance. When you enroll in a Program, and each time you use or access the Site or Program, you signify your agreement with these Terms. If you do not agree to these Terms, you must discontinue using the Site and terminate your membership in the Program (as applicable). The Program is available to you by Christianbook, LLC and provided by Clarus Commerce LLC as a service provider on behalf of and for the benefit of Christianbook, LLC (hereinafter “Christianbook”, “us”, “our” and “we”).
1.2. Updates to Terms. We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. We will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. Such updates or changes may, without limitation, change, add, or eliminate Membership or Program benefits, features, terms and conditions, in whole or in part, at any time without notice or compensation, even though such actions may affect Membership or participation in any Program. All such updates or changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Programs. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site and Programs by terminating your membership in the Programs.
1.3. Electronic Form. By accessing the Site or enrolling in a Program (thus becoming a “Member”), you consent to have these Terms and future communications provided to you in electronic form. You have the right to receive these Terms in non-electronic form at any time by contacting us online or send a letter and self-addressed stamped envelope to: Christianbook Rewards, 500 Enterprise Drive, Suite 2C, Rocky Hill, CT 06067.
2.1. Registration. You do not have to subscribe to the Programs to view benefits available through this Site, but only Members can access the Programs. By registering and becoming a Member, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Programs (or any portion thereof). Registration is currently available only to U.S. residents residing in eligible states. The program is not available to Iowa residents. There is a limit of one membership and one introductory/premium offer per household.
2.2. Membership Charges; Recurring Billing. You will be charged for your membership using the billing information you provide or authorize at the time of enrollment (your “Billing Account”). By enrolling in the Program, you authorize your Billing Account to be charged the fees then in effect for the Program on a recurring basis without any further authorization from you. Your enrolment might include a trial or promotional period and your non-termination or continued use of the Program during and following such period constitutes your authorization for your Billing Account to be charged in accordance with and at the frequency (e.g., monthly) identified at the time of enrolment. If the amount to be charged to your Billing Account varies from the current rate set forth in your initial offer you will receive notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update your Billing Account information from available third-party sources.
2.3. Cancellation. To change or cancel your membership at any time, go to the “Help” tab, or send your request to us using the “Contact Us” link on any page of the Site or by calling the Customer Program Department toll-free at 833-229-1966. Unless cancelled, your membership will be automatically extended as described above. If you cancel a membership, you may use your membership until the end of your then-current paid-for membership term (e.g., month). Your membership will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the monthly membership fee paid for the then-current membership period. If your enrolment includes a trial period and you choose to cancel your membership within your trial period, your access to the site will be disabled, effective immediately, regardless of how many days are left in your trial.
2.4. Reactivating a Cancelled Account. If you cancel your membership but want to become a member again, please contact [email protected] for assistance.
2.5. Termination. We may suspend or terminate your Membership and your access to the Site or the Programs, in whole or in part, at any time, immediately and without notice if, as determined in our sole discretion, you fail to comply with any of these Terms or engage in any conduct that we deem unacceptable in our sole discretion. Any Marketplace or Travel purchase that is deemed a commercial (non-personal) use or use in connection with a business, as determined in our sole discretion, will not be eligible for membership benefits, and your membership may be suspended or terminated. Any Christianbook, Marketplace or Travel purchase that is deemed a high-volume/reseller purchase, as determined in our sole discretion, will not be eligible for membership benefits, and your membership may be suspended or terminated. Upon termination, you must destroy all materials obtained from this Site and the Programs and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Programs, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Programs and the disclaimers and limitations of liabilities set forth in the Terms shall survive.
3. Use of the Site and Programs.
3.1. Access and Use. This Site and the Programs are for your personal use in accordance with these Terms. Your membership is non-transferable. You agree that only you and your Immediate Family may use the membership. "Immediate Family" means you, your spouse or partner and your children living in your home. Benefits are not for resale. You agree that you will not (i) copy, display, or distribute any part of the Site, in any medium, without our prior written consent, (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose, or (iii) use this Site in any unlawful manner or in any manner that creates civil or criminal liability on the part of Christianbook or is otherwise harmful to Christianbook. You further agree that you will not use any automated devices, such as spiders, robots, or data-mining techniques, to catalog, download, store, or otherwise reproduce, store, or distribute content available on the Site, manipulate the Site or the Programs, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. Christianbook reserves the right in its sole discretion to prohibit any conduct, communications, content, or use of this Site, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.
3.2. User Submissions. By submitting content to this Site (“User Content”), you agree that all logos, graphics, artwork, text, and other content submitted by you for inclusion, use or distribution on this Site or for any other purposes shall be in accordance with and in compliance with the requirements contained in Section 3 of this Agreement. By submitting such content, you warrant, represent, and agree that (a) you have the authority to grant the rights to such content which are being granted hereunder; (b) you own and/or control all rights in and to such content; (c) such content does not contain any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment; and (d) such content is in compliance with the requirements contained in Section 3 of this Agreement. You will be solely responsible and liable for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from the inclusion, use or distribution of all content submitted by you. Christianbook neither assumes, has, or will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights or any other claims, costs, and damages arising from the inclusion, use or distribution of all content submitted by you. You hereby grant to Christianbook, and its affiliated, subsidiary and related companies and service providers, a royalty-free, perpetual, irrevocable, unlimited, worldwide right and license to use, reproduce, publish, translate, sublicense, copy, and distribute all such content submitted by you, in whole or in part, and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content and to use your name, likeness, and any personal information you submit with the User Content without your prior approval or the payment of any compensation.
3.3. Proprietary Rights. The Site and all material published on the Site, including but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, and the selection, coordination, arrangement, and enhancement of the Site content is owned by us or our service providers and licensors and is protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States copyright laws. All of our logos are trademarks of Christianbook, and are protected by state and federal laws. All other trademarks appearing on this Site (“Third Party Marks”) are trademarks of their respective owners. Users are prohibited from using any Third Party Marks without the written permission of such third party that may own the Marks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site or Program. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
3.4. Limitation on License. Except for allowing you to use the Site and Programs for your personal use as set forth in the paragraph above, when you use the Site or Programs, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights. You understand that you have no rights to the Programs or any other of our property except as we indicate in these Terms.
3.5. Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join and to use the Programs.
4. Links. You may be able to access other websites or resources through links on the Site. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. You further acknowledge and agree that we and our service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
5. Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold us and our affiliates, business partners, licensors, contractors, service providers, and their respective officers, directors, employees, and agents (collectively, “Covered Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any Covered Party may incur arising out of or related to any products or services purchased by you in connection with the Site or the Programs and in connection with a third-party claim or otherwise, in relation to your use of the Programs or access to the Site, or your violation of either these Terms, applicable law, or the rights of any third party or your negligent or wrongful conduct. You are solely responsible for your own interactions with any merchants accessed through the Site or Programs. To the extent permitted under applicable laws, you hereby release the Covered Parties from any and all claims or liability related to any product or Program of a merchant, any action or inaction by a merchant, including any merchant’s failure to comply with applicable law and/or failure to abide by the Programs Terms and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
6. Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND PROGRAMS (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND PROGRAMS) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND PROGRAMS AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR PROGRAMS, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITE OR PROGRAMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR PROGRAMS WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR PROGRAMS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND PROGRAMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND PROGRAMS AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND PROGRAMS. WE RESERVE THE RIGHT TO ELIMINATE, ADD, CHANGE AND SUBSTITUTE BENEFITS AND PARTICIPATING VENDORS WITHOUT NOTICE TO YOU IN OUR SOLE DISCRETION.
ALL CONTENT, PRODUCTS, AND THIRD-PARTY PROGRAMS ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR PROGRAM ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR ANY COVERED PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR PROGRAM OBTAINED FROM THE SITE OR A LINKED SITE.
7. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY COVERED PARTIES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PROGRAMS, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. COVERED PARTIES ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR (AND THE COVERED PARTIES’) AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10). THESE LIMITATIONS APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY, AMONG OTHERS. SOME STATES DO NOT ALLOW FOR EXCLUSION OR LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND OTHER LIMITATIONS ON DAMAGES AND SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. Dispute Resolution.
9.1. Agreement to Arbitrate Disputes. At Christianbook, we work hard to make things right with each and every customer. On occasion, a third party may be necessary to help us resolve our disputes, and this Agreement limits us to arbitration (or small claims court, if a claim qualifies) in the following instances.
YOU AND CHRISTIANBOOK AGREE THAT ALL DISPUTES AND CLAIMS BETWEEN US ARISING FROM OR RELATING IN ANY WAY WITH THE PERFORMANCE OF THESE TERMS & CONDITIONS, YOUR USE OF THIS SITE OR THE CHRISTIANBOOK WEBSITE, ANY MATERIALS, PRODUCTS OR SERVICES SOLD, PROVIDED OR LICENSED THROUGH THIS SITE OR THE CHRISTIANBOOK WEBSITE, OR THE ACTIONS OF CHRISTIANBOOK OR ITS AGENTS THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT AS PROVIDED BELOW.
YOU AND CHRISTIANBOOK FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CHRISTIANBOOK AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of Christianbook, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This Agreement is binding on you and Christianbook, as well as our respective heirs, successors, and assigns.
You and Christianbook agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. This Agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.
Arbitration Scope, Rules, and Requirements
There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator under this Agreement 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 these Terms & Conditions as a court would.
The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and Christianbook. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only.
The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims.
This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of this Site and the Christianbook Website, your participation in the Christianbook Rewards Program, your purchase or license of, or attempt to purchase or license, products or services through this Site and the Christianbook website, and your communications with Christianbook.
The arbitrator also has the sole authority to and shall address all claims or arguments concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the Notice Address. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to: Bridget Timmins, Vice President, Executive Assistant to the President, P. O. Box 8000, 140 Summit Street, Peabody, MA 01961-8000. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. You may also send a copy to the AAA online at https://www.adr.org.
If you initiate an arbitration, Christianbook will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and Christianbook. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and Christianbook, will be decided by the arbitrator.
Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or our intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the subsections below, and both parties consent to exclusive jurisdiction and venue in such courts.
9.2. Governing Law: These Terms and all disputes between the parties will be governed in all respects by the laws of the Commonwealth of Massachusetts, consistent with the Federal Arbitration Act, without regard to any conflict-of-law provisions. Further, in any arbitration, both parties agree the arbitrator will honor claims of privilege and privacy recognized under Massachusetts law.
9.3. Enforcement of Arbitration Award: The arbitrator’s award will be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
9.4. Severability: If any portion of this Dispute Resolution section (with the exception of the Waiver of Class Arbitration subsection) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion will be severed and removed from the Terms, and the remaining portions (including the Agreement to Arbitrate Disputes subsection) will remain binding on you and us. If any arbitrator deems the Waiver of Class Arbitration subsection to be invalid or unenforceable, then the entire Agreement to Arbitrate Disputes subsection will be null and void. Under such circumstances, you expressly acknowledge and agree that the Governing Law and Jurisdiction subsections apply to any disputes between you and us, and both parties consent to exclusive jurisdiction and venue in such courts.
9.5. Jurisdiction: If, in any dispute, this subsection is determined to be invalid or unenforceable, notwithstanding the Severability subsection above, or null and void by any arbitrator or court of competent jurisdiction, or if the dispute seeks injunctive remedies arising from a violation of your or our intellectual property rights, the dispute must be resolved by a state or federal court located in Essex or Suffolk County, Massachusetts, USA. The parties agree to submit to the personal jurisdiction of such Massachusetts state or federal courts for the purposes of litigating any such dispute. This subsection does not apply disputes made in small claims court.
10. Miscellaneous. These Terms and policies incorporated herein are the entire agreement between you and us and supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Site or the Programs. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Our failure to partially or fully exercise any rights, shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.