THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE UNIFORM ARBITRATION ACT, SECTION 15-48-10, ET SEQ., CODE OF LAWS OF SOUTH CAROLINA 1976, AS AMENDED.
Governing Law. Dispute Resolution. You agree that: (i) the Site shall be deemed solely based in the State of South Carolina; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over the Company, our affiliates and assigns, either specific or general, in jurisdictions other than the State of South Carolina. If you or the Company have any dispute or claim arising out of or relating to this Agreement or breach thereof, and the parties are unable to resolve it between themselves, it is expressly agreed that mediation is the next required step. If the parties cannot agree on a mediator, one will be selected by the Administrative Judge for the Court of Common Pleas for the Ninth Judicial Circuit (Charleston County) from its list of approved mediators. If both parties expressly agree that mediation will serve no useful purpose, then all other disputes or claims shall be resolved exclusively by arbitration pursuant to South Carolina Code Ann. Section 15-48-10, et seq. and in accordance with the Commercial Rules – Expedited Procedures of the American Arbitration Association (AAA) currently in effect. Although the rules of the AAA shall be used, a single arbitrator shall be used and selected by the parties. If the parties are unable to agree on an arbitrator, one will be appointed by the Administrative Judge for the Ninth Judicial Circuit (Charleston County) from a list of approved arbitrators. It will be requested of the Judge that the arbitrator be experienced in disputes of the nature then pending. The decision of the arbitrator shall be final and binding upon both parties, and any award rendered may be entered as a judgment in any court having jurisdiction with any appeal directly to the Supreme Court of South Carolina. Venue of any mediation or arbitration shall be Charleston County.
Indemnification. You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of the Site; (iv) your transmissions, submissions or postings; and/or (v) any personal injury or property damage caused by you.
Remedies. You acknowledge that the Company may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, the Company shall be entitled, in addition to all rights and remedies, to seek an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the State Court of South Carolina, County of Charleston or District Court of South Carolina, County of Charleston. Amendment. Company reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice.
Entire Agreement. This Agreement contains the entire understanding and supersedes any prior understandings and agreements respecting the subject matter hereof. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein.
Severability. If any provision of this Agreement or the application thereof, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law.
Construction. When from the context it appears appropriate, each term stated either in the singular or the plural shall include the singular and the plural and pronouns stated either in the masculine, the feminine or the neuter shall include the masculine, the feminine and the neuter.
Headings and Captions. The headings and captions contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of this Agreement or any provisions hereof.
NO ONE UNDER 18 YEARS OF AGE MAY PROVIDE ANY PERSONAL INFORMATION TO OR ON THIS SITE.THIS WEBSITE IS A PRIVATE WEBSITE AND IS NOT AUTHORIZED BY U.S. GOVERNMENT OR THE FEDERAL MEDICARE PROGRAM.