1)Applicable Law/Jurisdiction.
By visiting Ultimateautosports.com or our related Sites, even if accessed from a location outside the state or United States, you agree that the laws of the State of Florida will govern these disclaimers, Terms of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to Our Sites and these disclaimers, Terms of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Florida.
2)Arbitration.
Any dispute relating in any way to Your visit to any of Our Sites shall be submitted to confidential arbitration in Orlando, Florida except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the state and federal courts in the State of Florida. We agree that any Dispute between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Florida law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. We will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Orlando, Florida, and will be limited solely to the Dispute between us. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) these Terms of Use and/or Our Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Us; or iii) any other dispute arising out of or relating to the relationship between You and Ultimate Autosports, Inc. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.
