Last Updated: [January 25, 2023]
IMPORTANT NOTICE: THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
These Terms apply to all users of our website. By using our website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use our website.
I. General Terms and Conditions
You may use our website only for lawful purposes and in accordance with these Terms. In addition, you agree to the following:
- You must be 18 years of age or older and located in the United States to use our website.
- We may discontinue any aspect of our website at any time without prior notice to you.
II. Prohibited Uses
You may not use our website:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To impersonate or attempt to impersonate Hoyt Sherman Place, a Hoyt Sherman Place employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website, or which, as determined by us, may harm Hoyt Sherman Place or users of our website, or expose them to liability.
You further agree not to:
- Access website content through any unauthorized technology or unauthorized means.
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our website.
- Use any manual or other process to monitor or copy any of the content on our website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with or disrupts the proper working of our website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material to our website that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our website, the server on which our website is stored, or any server, computer, or database connected to our website.
- Misrepresent an affiliation with any person or organization.
III. Ownership and Use of Website Content
Our website and its entire content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Hoyt Sherman Place, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use our website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download a reasonable number of copies of the material on or available through our website for your own personal, non-commercial use.
You are strictly prohibited from modifying copies you make of any materials from our website and from deleting or altering any copyright, trademark, or other proprietary rights notices from copies you make of materials from our website. Further, you must not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us or our website, unless we give you express written permission.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our website in breach of these Terms, your right to use our website and services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title, or interest in or to our website or any content on our website is transferred to you, and all rights not expressly granted to you by these Terms are reserved by Hoyt Sherman Place. Any use of our website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
V. Your Consent to Other Agreements
If you enter into any other agreement with Hoyt Sherman Place, for example contests or surveys, or if you register for a class, you may be asked to agree to additional terms governing your entry into the contest, survey or registration (“Additional Terms”). In such cases, you may be asked to expressly consent to the Additional Terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the Additional Terms are different than these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
VI. Changes to These Terms
Hoyt Sherman Place reserves the right to modify or add to these Terms at any time, effective as of the posting of the new terms. You agree that we may notify you of the new terms by making them available via our website with a new “Last Updated” date, and that your use of our website after the effective date of the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms every time you use our website.
Hoyt Sherman Place’s name and logo are trademarks (whether registered or not). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within our website are the property of their respective owners. You are not authorized to display or use the Hoyt Sherman Place marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within our website without the prior written permission of such owners. The use or misuse of the Hoyt Sherman Place marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
VIII. User Generated Content
User Generated Content includes any information that you publish through our website or to any social media platform (e.g., Instagram, Twitter, Facebook, or Pinterest) either to Hoyt Sherman Place’s social media page(s), or with a hashtag that relates to Hoyt Sherman Place. User Generated Content may include your personal information.
You are responsible for User Generated Content that you post.
Under no circumstances will we be liable in any way for any User Generated Content. This means that you, not Hoyt Sherman Place, are entirely responsible for all User Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms or applicable law, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the User Generated Content posted on or through our website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing our website or social media platforms, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User Generated Content posted, emailed, transmitted, or otherwise made available on or through our website or social media platforms.
We may use User Generated Content.
By posting User Generated Content on our website or social media platforms, you are granting us and any of our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, publicly display, and perform, publish, transmit, remove, retain, repurpose, and commercialize User Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, you should not post any User Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User Generated Content.
Hoyt Sherman Place has the right (but does not assume the obligation) to: (a) monitor all User Generated Content; (b) require that you avoid certain subjects; (c) remove or block any User Generated Content at any time without notice at our sole and absolute discretion; (d) disclose any User Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Hoyt Sherman Place or others, or to enforce these Terms; and (e) terminate your access to and use of our websites, or to modify, edit, or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of User Generated Content you post, and that you will retain ownership thereof as described above.
Restrictions on User Generated Content.
It is a condition of these Terms that you do not upload, post, transmit, or otherwise make available any User Generated Content that:
- is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- constitutes or encourages activity illegal under criminal or civil law;
- is false, misleading, deceptive, inaccurate, fraudulent, or misrepresents your identity or affiliation with a person or company;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- violates or infringes upon the rights of others;
- contains the image, name, or likeness of anyone other than yourself without first obtaining permission;
- requests or solicits any personal or private information from any individual;
- contains advertising, promotions, or marketing, or which otherwise has a commercial purpose, except as expressly agreed to by you and us;
- promotes violence or describes how to perform a violent act;
- impersonates any person or entity; or
- violates any local, state, national, or international law, rule, or regulation.
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content and have the right to grant the license set forth in these Terms; (ii) the User Generated Content is accurate, and (iii) you are at least eighteen (18) years of age and you have read and understood—and your User Generated Content fully complies with—these Terms and applicable laws and will not cause injury to any person or entity.
You understand and acknowledge that: (a) Hoyt Sherman Place has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; and (b) you will not be entitled to any compensation (nor will Hoyt Sherman Place be obligated to negotiate with you) as a result of our use of any similar or identical material.
Hoyt Sherman Place is not obligated to post, keep, or use your User Generated Content.
Violation of copyrights.
Hoyt Sherman Place does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
Digital Millennium Copy Right Act.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our websites or has been otherwise copied and made available on our websites in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our websites (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be submitted to us via the information included under Contact Us below.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
IX. Your Feedback
Any suggestions or feedback you post on or through our website that is specifically about how we can improve our website and the products and services we make available through our website (“Feedback”) will be and will remain our exclusive property. Your submission of Feedback constitutes an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
X. Third-Party Links
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SITE AVAILABLE ON OR PROMOTED THROUGH OUR WEBSITE. OUR WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOYT SHERMAN PLACE, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO OUR WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH OUR WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOYT SHERMAN PLACE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF OUR WEBSITE; (C) THAT THE CONTENT OF OUR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT OUR WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
HOYT SHERMAN PLACE doES not endorse and IS not responsible for statements, advice, and opinions made by anyone other than authorized HOYT SHERMAN PLACE spokespersons. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice, or opinions CONTAINED IN USER GENERATED CONTENT AND SUCH statements, advice, AND opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF HOYT SHERMAN PLACE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
XII. LIMITATION OF LIABILITY
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING OUR WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF OUR WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS OR MALICIOUS CODE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You have specific legal rights related to your use of our website and you may also have other rights which vary from state to state. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
You agree to indemnify and hold harmless Hoyt Sherman Place, and its officers, agents, partners, and employees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our websites in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any material that you post using our website causes us to be liable to another. We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of a duly authorized employee of Hoyt Sherman Place.
XIV. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HOYT SHERMAN PLACE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Hoyt Sherman Place each agree to waive our respective rights to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to these Terms, the website or the Content, including claims that arose before the existence of these Terms, claims that arise after the cancelation or termination of these Terms, and claims that are the subject of purported class action litigation, resolved in a court and by a jury trial. Instead, you and Hoyt Sherman Place agree to arbitrate Disputes through binding arbitration as provided in more detail in these Terms. The foregoing waivers shall not apply to any Disputes in which either party seeks injunctive or other equitable relief (including Disputes (i) arising out of or related to a violation of Sections II or III, or (ii) for the alleged unlawful use of intellectual property including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents). You agree that the venue for the disputes outlined in the previous sentence will be the state or federal courts of the State of Iowa and the United States, respectively, sitting in Polk County, Iowa (for state) and United States District Court for the Southern District of Iowa (for federal). Disputes shall not include any issues relating to the existence, scope, validity, or enforceability of this arbitration provision.
No Class Arbitrations, Class Actions or Representative Actions
You and Hoyt Sherman Place agree that any Dispute arising out of or related to these Terms, the website or the content is personal to you and Hoyt Sherman Place and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Hoyt Sherman Place agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Hoyt Sherman Place agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Federal Arbitration Act
You and Hoyt Sherman Place agree that these Terms affect interstate commerce, and that the enforceability of this Section XIV shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution
You and Hoyt Sherman Place agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Hoyt Sherman Place shall be sent by certified mail or courier to Hoyt Sherman Place, 1501 Woodland Ave., Des Moines, IA 50309. Your notice must include (a) your name, postal address, telephone number, account number (if you have one) and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and Hoyt Sherman Place cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Hoyt Sherman Place may, as appropriate and in accordance with this Section XIV, commence an arbitration proceeding.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF (INCLUDING DISPUTES (I) ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION II OR III, OR (II) FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS), YOU AND HOYT SHERMAN PLACE AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HOYT SHERMAN PLACE WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND HOYT SHERMAN PLACE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Hoyt Sherman Place agree that (a) any arbitration (including the hearing) will occur in Des Moines, Iowa, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Iowa and the United States, respectively, sitting in Polk County, Iowa (for state) and United States District Court for the Southern District of Iowa (for federal), have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. In addition to the foregoing, demands for arbitration must be accompanied by a detailed statement of claim that is personally verified and executed by the claimant. Moreover, you will not be responsible for any arbitral fees that exceed the fees you would have incurred if the dispute had been brought in court. If you hire an attorney to represent you in arbitration, you are responsible for your attorneys’ fees and costs but may recover them from Hoyt Sherman Place to the same extent as in court. If the arbitrator finds that your Dispute was frivolous or brought for an improper purpose, however, Hoyt Sherman Place may seek reimbursement of its reasonable attorneys’ fees from you, your attorney, or both, to the same extent as in court.
Authority of Arbitrator
Rules of JAMS
You have the right to opt out of binding arbitration within thirty (30) days of the date you first visited our website (and thus accept these Terms) by writing to: [email@example.com]. To be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section XIV.
All aspects of the arbitration proceeding including, but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
XV. No Assignment
These Terms are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized Hoyt Sherman Place employee.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Hoyt Sherman Place of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
The following terms shall survive any termination of these Terms or discontinuation of our website: Hoyt Sherman Place’s reservation of all intellectual property rights including rights to any User Generated Content or Feedback provided to Hoyt Sherman Place, restrictions on use of our website, disclaimer of warranties, indemnification and limitation of liability, general terms, and any other terms that by their nature are intended to survive.
XIX. Governing Law/Venue
These Terms and your access to and use of our website shall be governed by and construed and enforced in accordance with the laws of the State of Iowa, without regard to conflict of law rules or principles (whether of the State of Iowa or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration shall be resolved in the Iowa state courts located in Polk County, Iowa, or in the United States District Court for the Southern District of Iowa only – however, for all such disputes generating federal subject matter jurisdiction, the parties agree that these disputes shall be heard in the United States District Court for the Southern District of Iowa only.
XX. Entire Agreement
XXI. Contact Us
To contact us regarding these Terms, please contact us via 515-244-0507, firstname.lastname@example.org, or by mail to:
Hoyt Sherman Place
1501 Woodland Ave
Des Moines, IA 50309