615GP, LLC (d/b/a Music City Grand Prix) (“MCGP”, “we”, “us” or “our”) provide you with information and content about our world-class races and events (“Website”).
Last Updated: July 28, 2020
What Information Is Collected About You?
MCGP may collect personal and other information from you when you provide information to use or when you interact with us via the Website. There are two kinds of information websites can obtain about you: (a) Personal Information, and (b) Non-Personal Information. This section details what types of Personal Information and Non-Personal Information we collect from you when you access or use the Website.
“Personal Information” is any information that personally identifies you, such as your name, email address, address, or your telephone number. Personal Information does not include protected health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Act and any regulations promulgated thereunder. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your Personal Information in connection with a feature, program, or some other aspect of our Website. Sometimes this Personal Information is needed when you create an account or register with our Website, sign-up for our newsletter, make a request for certain features or materials related to our services, when you contact us, or we may ask you to provide us with Personal Information on a voluntary basis in certain areas of our Website. In particular, you may be asked to provide the following information:
If you choose to register or update an existing user account with MCGP, you may be required to submit Personal Information, including your name and email address. Access to some MCGP services may be limited to users who have registered an account.
Newsletters & Emails to You.
You can unsubscribe from a newsletter by following the directions included at the bottom of the newsletter and using the “Unsubscribe” link found in the emails.
Messages You Send to MCGP.
Even if you do not register with or provide any Personal Information to MCGP, we collect Non-Personal Information about your use of the Website. “Non-Personal Information” is aggregate data that websites use to administer their sites. It may include such information as your browser type, device type or identifier, or your Internet Protocol (IP) address, and may include the use of “cookies” or other tracking technologies. MCGP may from time to time retain third parties to help us collect and aggregate user information related to the Website.
Cookies and Web Beacons.
A “cookie” is a small text file that may be transferred to your computer’s hard drive in order to personalize our services for you and to collect aggregate, non-personal information regarding usage of the Website. Each computer is assigned a different cookie that contains a random, unique number. The cookie does not contain Personal Information. We use two different types of cookies: (a) a “session” cookie, which tracks a user session, and which expires shortly after the session ends, and (b) a “persistent” cookie, which tracks unique visits to the Website, as well as how the user arrived at the Website, and the type of user. So that users are not counted repeatedly, this cookie can “persist” anywhere from six months to two years.
Your browser software can be set to warn you of cookies or reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookie, this may disable some of the functions of the Website and you may not be able to use certain services.
A “web beacon”, “clear gif”, “web bug”, or “pixel tag” is a tiny graphic file with a unique identifier that allows us to count the number of users that have visited certain pages or screens of our websites, and helps determine the success of advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether the email has been sent and when the email has been opened. In contrast to cookies, which may be stored on your computer’s hard drive, web beacons are typically embedded invisibly on pages or screens
Do Not Track Settings.
Some browsers have a “do not track” feature that lets you indicate that you do not want your online activities tracked. These features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you use a “do not track” feature in your web browser or block or delete tracking cookies, we reserve the right to share aggregated site statistics monitored by cookies and web beacons with our partners.
Non-Personal Information Collected by Third Parties Not Acting on MCGP’s Behalf.
What Choices Do I Have?
Updating/Removing Your Personal Information.
If you have registered an account and desire to delete any of your Personal Information you have provided to us from our systems please contact us at email@example.com. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the Website from our servers.
How Is Information Collected About You Used?
Information collected by MCGP about you is used by MCGP to:
- administer your account and our Website,
- provide you with access to particular tools and services,
- respond to your inquiries you send to us and to send you administrative communications about the MCGP Website or services,
- obtain your feedback about the MCGP Website or our offerings,
- statistically analyze trends and user behavior and activity including how frequently areas of the site are visited and how many emails are received and opened,
- provide you and people with similar demographic characteristics and interests with more relevant content or advertising both on the Website or on other web sites that you visit after you leave the Website; and
- conduct research and measurement activities, including those described below.
- send you personalized emails or secure electronic messages pertaining to your health interests, including news, announcements, reminders and opportunities from MCGP; and
- send you relevant offers and informational materials on behalf of our sponsors pertaining to your health interests.
MCGP may combine Personal Information and Non-Personal Information collected by MCGP about you, and may combine this information with information from external sources.
Research and Measurement Activities.
Information that MCGP collects about you may be combined by MCGP with other information available to MCGP through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the Website, to our current or prospective advertisers or other business partners. We do not sell or share any Personal Information with any third parties, except that contractors performing services on our behalf may be provided access to Personal Information when performing these services. These contractors agree not to use this information for any purpose other than performing services on our behalf.
With Whom Do We Share Your Information?
Disclosures to MCGP Contractors.
Disclosures to Third Party Websites.
How Do We Secure and Retain Your Information?
We maintain appropriate physical, electronic, and procedural safeguards to protect your Personal Information collected via the Website in compliance with applicable law. Despite MCGP’s efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted. MCGP cannot ensure or warrant the security of any information you transmit to MCGP or through the Website, and you do so at your own risk. You acknowledge and agree that MCGP shall not be liable for any security breach that results from causes or events that are beyond MCGP’s control (including, but not limited to, acts of God, hacking, terrorism, power outages, defects in third party security products and services, your own acts and omissions, and other similar events beyond MCGP’s control).
We are committed to protecting the privacy of children. The Website is not designed or intended to attract children under the age of 13, if you are a child under the age of 13, you are not allowed to use the Website and should immediately exit the Website or get an adult. The Website does not collect Personal Information from any person we actually know is under the age of 13. If you think that we have collected personal information from a child under the age of 13 through the Website, please contact us at firstname.lastname@example.org and we will dispose of the information.
Your California Privacy Rights.
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of personal information, such as your name, e-mail and physical mailing address and the type of services provided to you, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us at email@example.com with a reference to California Disclosure Information.
We will endeavor to respond to such requests within thirty (30) days following receipt at the e-mail address stated above. If we receive your request at a different e-mail, we will respond within a reasonable period of time, but not to exceed one hundred and fifty (150) days from the date received. Please note that we are only required to respond to you once per calendar year.
BECAUSE THE USE OF THE WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the exclusive jurisdiction of the state or federal courts located in Davidson County, TN, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Davidson County, TN, and each party hereby irrevocably consents to the exclusive jurisdiction of such courts.
Welcome to musiccitygp.com!
BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, CREATING AN ACCOUNT FOR THIS SITE, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THIS SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT TO AGREE TO THESE TERMS. IF YOU ARE UNDER EIGHTEEN (18), YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF.
Last updated and effective as of July 27, 2020.
1. Site Content
(a) All contents of this Site are: ©2020 615GP, LLC. All rights reserved. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of this Site transfers any right, title or interest in the Site, the Content, or Intellectual Property Rights to you, and MCGP and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.
(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of MCGP. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.
(c) This Site is controlled, operated, and administered by MCGP from its offices or servers within the United States of America (“U.S.”). MCGP makes no representations that materials or Content on this Site are appropriate or available for use at locations outside of the U.S. or Canada. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use this Site or export the Content in violation of U.S. export laws or regulations. If you access this Site from a location outside of the U.S. or Canada, you are responsible for compliance with all local laws and regulations.
(d) Certain materials on this Site may be furnished by third parties, including advertisements. Certain product, service, or company designations for companies other than MCGP may be mentioned in the Site for identification purposes only, such as MCGP’s partners. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved by MCGP.
2. User Conduct
By using this Site, including any Content and services available through it, you agree that you shall not:
(a) delete, modify, hack or attempt to change or alter any of the Content on this Site;
(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to this Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Site;
(c) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of this Site or servers or networks connected to this Site, or take any other action that interferes with other parties' use of this Site;
(d) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on this Site for purposes other than for a generally available search engine;
(e) use any MCGP names, service marks, or trademarks, or logos without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
(f) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(g) transmit or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property;
(h) create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, or violate the privacy rights of others;
(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party; or
(j) provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.
3. Permissible Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:
(a) you may only use the Content for personal, informational, or non-commercial purposes, or to request further information about MCGP;
(b) you may not provide, sell, license or lease the Content or access to the Content for any fee or other consideration;
(c) you must ensure all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
(d) you may not modify or alter the Content in any way; and
(e) you may not use any graphics separately from accompanying text.
4. Feedback and Data
MCGP may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products, services and the Site (“Feedback”). You agree that MCGP may, in its sole discretion, use the Feedback you provide to MCGP in any way, including in future modifications of this Site or in other MCGP products or services. In addition, you acknowledge and agree that MCGP may have access to certain analytic and demographic data (“Data”) with respect to your use of the Site. In consideration of your access to the Site, you hereby irrevocably assign to MCGP any and all rights, title, and interests in any Feedback and Data, including without limitation any copyright, patent right, moral right, and all other intellectual property rights.
5. User Submissions
You agree to only post or upload media (like photos, videos or audio) on the Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (such as, name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
By uploading any media on the Site or a Social Media Platform like a photo or video, (a) you grant to MCGP a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes MCGP to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify MCGP and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
6. Updates to these Terms
MCGP may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on this Site, which shall apply to your use of this Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.
7. Modification or Termination of Site
MCGP reserves the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update this Site. Sections 1, 2, 4, and 5, this Section 7, and Sections 8-20 of these Terms shall survive any termination. MCGP may also impose limits on certain features and services, restrict your access to part or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that MCGP will not be liable to you or any third party in the event that MCGP exercises its right to modify or terminate access to this Site or portions of this Site.
9. Accounts and Passwords
In order to access certain features on this Site and to post content on this Site, you may be required to create an account. By setting up an account, you agree to provide MCGP with accurate and complete information. You are responsible for protecting and maintaining the secrecy of your username and password. MCGP will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify MCGP of an unauthorized use of your username or password.
10. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), MCGP has designated an agent to receive notifications of alleged copyright infringement associated with this Site. MCGP will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at [___________] or through the address set forth at the end of this page. When notifying MCGP of the alleged copyright infringement, please include all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on this Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by MCGP to infringe a copyright or otherwise violate any intellectual property rights, MCGP will remove or disable access to any such material.
11. Other Sites, Content, Products and Services
As a convenience to you, this Site may provide links to websites and access to content, products and services of third parties, including without limitation, MCGP’s affiliates, advertisers, payment processor and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to users of this Site or offer a service for your convenience. Information and views contained in Linked Sites are not adopted or endorsed by us.
MCGP does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.
12. Typographical Errors
Our goal is to provide complete, accurate, up-to-date information on this Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. MCGP therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
13. Exclusion of Other Warranties
No employee, agent, representative or affiliate of MCGP has authority to bind MCGP to any oral representations or warranty concerning this Site. Any written representation or warranty not expressly contained in these Terms will not be enforceable.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MCGP AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE.
MCGP MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE , INCLUDING WITHOUT LIMITATION RECEIVING AN AUTOGRAPH OR HAVING A SUBMITTED PHOTO OTHERWISE SIGNED BY AN ATHLETE OR OTHER CELEBRITY THROUGH THE SITE; (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCGP OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
15. Limitation of Liability
IN NO EVENT SHALL MCGP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR CONTENT PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF MCGP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
You agree to indemnify and hold harmless MCGP, its affiliates, shareholders, directors, officers, employees and agents, and, at MCGP’s sole election, defend the foregoing, from and against any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of any third party.
17. Limitation on Actions Brought Against Us
You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by MCGP to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
18. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, MCGP may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators inDavidson County, TN,U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of Davidson County, Tennessee, or to any Federal Court located within Davidson County, Tennessee, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, to temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 18 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Davidson County, Tennessee.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
21. Contact Information
If you have any questions about these Terms, the practices of MCGP, or your dealings with this Site, or would like to update your personal information, please contact us at firstname.lastname@example.org or through the address below:
Attn: website manager615GP, LLC901 Broadway #22041Nashville, TN 37202