Privacy Policy

1. Introduction
This Privacy Policy is intended to describe our use of data which you submit to us by using this Site. All terms and definitions contained in our Terms & Conditions, available here, are incorporated herein. We may modify this Privacy Policy from time to time. Please check back periodically to view any updates.

2. Information Collected
We collect personal information when you visit or register with our Site and when you use any of our products or services. Personal information is any information about you that is personally identifiable, such as your name, address, email address, telephone number, social media information (if applicable), and any other information that may not otherwise be publicly available.

We or our third party service providers may also collect information relating to your devices, including your device model, operating system, browser type, unique device identifier, internet protocol (IP) address, mobile telephone phone number, mobile network carrier, location, and other information.

If you order products or pay for services, we will need your shipping address, billing name and address, as well as your credit card number, expiration date, and the three (3) digit security code printed on the card. We do not save your credit card information.

3. AUTHORIZED THIRD PARTIES
We may use third party service providers to serve ads on our behalf across the internet and sometimes on our Site; monitor certain pages of our Site for purposes of reporting traffic and other statistics; and provide analytics about your visit(s) to our Site. These third parties may collect anonymous information about your visits to our Site and your interaction with our products and services. No personally identifiable information is collected in this process.

4. COOKIES
We use cookies to collect visitor information. By doing this, we can personalize your return visits and save you time during checkout. It is possible to prevent cookies from being used in your browser by turning the feature off, but in order to enjoy the benefits of being a registered user, your browser must be set to accept cookies.

5. USE OF INFORMATION
We use your information for the following general purposes: to fulfill your requests for products and services, to improve our services, administrative purposes, to customize the advertising and content you see, to contact you, and for internal business purposes. We use third party information you provide to us solely to provide services you specifically request or in accordance with our Terms & Conditions or our Privacy Policy.

Please be assured that we do not use your E-mail address to send any type of direct marketing to your friends and family, unless they explicitly use our Site.

6. INFORMATION SHARING WITH THIRD PARTIES
From time to time we share the personal information we collect with trusted companies who work with or on behalf of us. We may share personal information within our family of brands. We may also combine personal information with publicly available information and information we receive from or cross-reference with our partners. These companies may use your personal information to enhance and personalize your shopping experience with us, to communicate with you about products and events that may be of interest to you and for other promotional purposes. Information sharing allows us to introduce new resources based on your interests and needs. With that in mind, when you purchase an item, your customer information may be shared with other select companies whose products and services you may find useful and those select companies will handle, store, retain, use, share and access personal information in accordance with their own privacy policies, and we disclaim any and all liability relating thereto.

If you do not want us to share your information, please contact us and we will remove your name from lists we share with other companies as soon as reasonably practicable. When contacting us, please clearly state your request, including your name, mailing address, email address and phone number. We may still be required to share your personal information under the following, but not limited to these, conditions:

  • Responding to legal process, court orders, or subpoenas, or if we need to establish or exercise our legal rights thereto;

  • To share information in order to investigate, prevent, or take action regarding illegal activities, potential threats to the physical safety of any person, violations of our Terms & Conditions, or as otherwise required by law;

  • To restrict or inhibit any user from using any of our Site, including, without limitation, by means of “hacking.”

7. CHILDREN'S INFORMATION
Our Site is not intended for children, and we will not knowingly collect personally identifiable information from children. If we become aware that a subscriber is under the age of 13, we will remove their personally identifiable information from our files as soon as reasonably possible.

8. ACCESS TO YOUR ACCOUNT INFORMATION AND PREFERENCES
You have the right and ability to edit your member account information on our Site at any time. We do reserve the right to send you certain communications relating to the services we provide, such as service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications, however, you may opt-out of solicitations of business (i.e., advertising) sent by us to you.

9. CONFIDENTIALITY AND SECURITY
We try our best to protect your personal information. We use a secure server (SSL) to encrypt your personal financial information as well as other safeguards to protect the security and confidentiality of the information you have provided to us, and to prevent unauthorized access to or disclosure of that information.

10. THIRD PARTY SITES
Our Site may contain links to other sites for news and other information. Our Privacy Policy only applies to our Site. We are not responsible for the privacy practices or the content of other sites which are linked to or integrated with our Site.

Terms and Conditions

1. Welcome!
Welcome to Artizen Studios Please read these Terms & Conditions carefully as they contain very important legal terms that will govern your use of our website at www.Artizen Studios.com as well as our products and services. Other products and services that we may provide may possibly have their own Terms, so please read those as well, when applicable, and those Terms are incorporated herein. You may review our Privacy Policy at www.Artizen Studios.com/privacy and the terms contained in the Privacy Policy are incorporated herein.

2. Definitions
a. “Site” shall mean this website, www.Artizen Studios.com, and all subdirectories and/or subdomains contained therein. b. “Terms” shall mean these Terms & Conditions. c. “Us,” “we,” or “our” shall mean Artizen Studios d. “User Submitted Materials” shall mean any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials. e. “You” or “your” shall mean you, the user of this Site.

3. Visiting Our Site
a. By visiting our Site, you are signifying your consent to bound by these Terms; likewise, any products ordered or services used through this Site is governed by these Terms. We may revise these Terms from time to time by posting a revised version on this Site with or without your prior notice. b. WE WILL DO OUR BEST TO NOTIFY YOU OF ANY CHANGES, HOWEVER, YOUR CONTINUED USE OF THIS SITE AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE DUTIES ON YOU. THESE TERMS CONTAIN AN ARBITRATION PROVISION, BELOW, THAT AFFECT YOUR RIGHTS UNDER THESE TERM AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES.

4. Your Use of Our Site
Your use of this Site is a privilege, not a right. You may access and use our Site solely for non-commercial use. We reserve the right to change, delete, or otherwise cease operation of our Site in whole, or in part, at any time in our sole discretion. Except as expressly authorized hereunder, our Site may not be reproduced, copied, sold, resold, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization.

5. Your Membership Account (as available)
a. You are not obligated to create a membership account on our Site. b. You may create a member account on our Site by registering your name, providing certain information about yourself, and creating a password. c. By creating an account, you agree that you will: i. provide complete, current and accurate information about yourself as requested; ii. keep that information up to date; iii. safeguard the confidentiality of your username and password, including, but not limited to, by not disclosing your username or password to any third party; and iv. immediately notify us of any unauthorized use of your account. d. You must be at least eighteen (18) years of age to create an account on our Site. e. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.

6. Returns
If you are unhappy with the quality of your merchandise, please contact us within fourteen (14) days to discuss your concern. We will provide a refund or a replacement of merchandise due to a manufacturing defect that was caused by us. Because these are custom products created by you, we are not able to provide refunds or replacement of merchandise with user-generated defects such as typos, misspellings, design, or layout errors, poor image quality, low image resolution, mistakes in selecting product size, product type, paper selection, or printing options or failure to remember to use promotional or discount offers.

7. Termination
A. Either you or we may terminate your access to our Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms.

B. Upon termination for any reason:

  • i. your right to access and/or use our Site will immediately cease;

  • ii. you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials;

  • iii. If we delete any or all information, files and materials related to your account, including any User Submitted Materials, we will have no obligation whatsoever to save or make any such information, files or materials available to you;

  • iv. you agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Site and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.

8. Grant of Use
A. We grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site, other than User Submitted Materials, solely as made available by us and solely for your own personal purposes.

B. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. While using our Site, you agree not to do the following action(s):

  • i. Violate any applicable laws or regulations;

  • ii. Upload to, transmit through, or display on any of our Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

  • iii. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;

  • iv. Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;

  • v. Restrict or inhibit any other user from using any of our Site, including, without limitation, by means of "hacking" or defacing any portion our Site;

  • vi. Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.

  • vii. Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site;

  • viii. Post objectionable material, such as material containing adult nudity or inappropriate child nudity, hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence;

  • ix. Engage in spamming;

  • x. Transmit any software or other materials that contain any viruses or other destructive items or software;

  • xi. Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.

C. If you fail to comply with the above rules in subsection (b), such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site.

D. Some features of our Site may enable you to send and receive data. You acknowledge that we have no responsibility or liability for any data, and/or any content included in such transmissions of data, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the data sent by or received through our Site and/or the amount of data storage space available for data or for any feature made available through our Site.

9. Making Purchases on Our Site

A. If you wish to purchase any products or services through our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information.

B. All information that you provide to us or our third party payment processor must be accurate, current, and complete.

C. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.

D. You agree to pay all charges incurred by you or any users of your bank account, debit card, and/or credit card at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable state, local, and/or federal taxes relating to your purchases. We may ask you to verify your payment information, and you agree that you will provide such verification.

E. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

F. The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. Therefore, it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site.

G. By placing an order, you represent that the products ordered will be used only in a lawful manner.

H. We reserve the right, with or without prior notice, to: i. limit the available quantity of or discontinue any product or service; ii. to honor, or impose conditions on the honoring of, any coupon, promotional code, or other similar promotions; iii. to bar any user from making any or all purchase(s); or iv. to refuse to provide you with any product or service.

10. Shipping
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

11. Third-Party Sites, Software and Services

A. Our Site may direct you to sites, software, or services owned or operated by third parties. We have not reviewed all of these third party assets to which you may be directed and we have no control over them.

B. We are not responsible for:

  • i. the content and operation of such third party assets, or

  • ii. the privacy or other practices of such third party assets.

C. The fact that our Site may direct you to such a site does not indicate any approval or endorsement of any such site.

D. Other sites may provide links to our Site with or without our authorization. We do not endorse such sites, and are not, and will not be, responsible or liable for any links from those sites to our site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.

12. User Submitted Materials

A. You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services.

B. Please note that, while you retain ownership of your User Submitted Materials, any template, guide, or pre-made layout in which you arrange or organize such User Submitted Materials through tools and features made available through our Site are not proprietary to you, and the rights will remain with us.

C. You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right, or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, defamatory, obscene, or otherwise objectionable.

D. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian. Further, you agree to provide to us a copy of any such consents, releases and/or permissions upon our request. If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.

E. You agree that we may, but are not obligated to, refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.

F. You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from:

  • i. your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law;

  • ii. your User Submitted Materials;

  • iii. your activities in connection with obtaining any products or services from us, or

  • iv. any activity related to access to or use of your account by you or any other person.

G. User Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Site. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

H. You agree that we may, at our sole discretion, use any User Submitted Materials for our promotional use, both externally and internally, and that you grant us a license at no cost to use the User Submitted Materials for said promotional use.

13. Copyright and DMCA Issues
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 in good faith that any material used or displayed on or through our Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that 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 behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. DMCA notices and counter-notices regarding our Site should be sent to:

    Artizen Studios
    2626 Cole Ave. Ste. 300
    Dallas TX 75204
    Info@artizenstudios.com

14. DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (“OUR PARTIES) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE OUR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT OUR PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, OUR PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF OUR PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

16. Miscellaneous

A. These Terms are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Dallas, Texas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

B. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect.

C. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

D. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

E. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent.

F. These Terms may not be modified or amended except as set forth in the introductory section of these Terms.

G. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

H. If you have any questions or comments regarding these Terms, please contact: info@artizenstudios.com

17. DISPUTE RESOLUTION

A. Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the validity, interpretation, enforceability, or breach thereof, which is not settled by agreement between the parties (“Dispute”), shall be resolved in accordance with the following dispute resolution procedures:

  • i. Good Faith Negotiations. The parties shall endeavor, in good faith, to resolve the Dispute through negotiations within a reasonable time (which, in any event shall not be greater than ten (10) Business Days).

  • ii. Mediation. In the event that the negotiations do not result in a mutually acceptable resolution, either party may require that the Dispute shall be referred to mediation in Dallas, Texas. One mediator shall be appointed by the agreement of the parties. The mediator shall be a suitably qualified person having no direct or personal interest in the outcome of the Dispute. Mediation shall be held within thirty (30) days of referral to mediation. In the event the parties are unable to agree on a mediator, the parties agree to the appointment of a mediator pursuant to the Commercial Mediation Rules of the American Arbitration Association or any successor organization (the “Association”).

  • iii. Arbitration. In the event the parties are unsuccessful in their mediation of the Dispute, or if there is any Dispute about the scope of or the compliance by any party with this paragraph 17, either party may request that the Dispute be finally settled by arbitration before a single arbitrator in Dallas, Texas, in accordance with the Commercial Arbitration Rules of the Association. The arbitration shall be conducted by one arbitrator, who shall be selected by obtaining a list of proposed arbitrators from the Association and allowing each party to strike from such list the names of the persons such party believes should not serve as the arbitrator. The first person whose name appears on such list and is not stricken by a party shall serve as the arbitrator. The arbitrator thus selected shall determine the controversy in accordance with the terms of this Agreement and the laws of the State of Texas as applied to the facts found by him. The parties shall be entitled to conduct reasonable discovery, prior to the arbitration hearing. The decision of the arbitrator shall be final and binding on the parties. The arbitrator is specifically directed that award of the arbitrator shall be final, and contain written findings of fact and conclusions of law. A judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for judicial acceptance of the award and an order of enforcement, as the case may be. The parties on behalf of each of themselves and each of their prospective executors, administrators, successors, and assigns, are required to submit to the jurisdiction of that court. The expenses of such arbitration, including the fee, if any, of the arbitrator, shall be divided between the parties on an equal basis unless otherwise specified in the arbitrator’s award. Each party shall pay the fees and expenses of its own witnesses and counsel, unless the arbitrator shall specify otherwise in the award. Notwithstanding the foregoing, the parties may apply to a court of competent jurisdiction for injunctive relief without breach of this paragraph 17 and this paragraph 17 shall be of no force and effect with respect to such application for injunctive relief only.

B. Acknowledgment. THE PARTIES HAVE READ AND UNDERSTAND SECTION 17 AND UNDERSTAND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF THE PARTIES’ RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE RELATIONSHIP BETWEEN THE PARTIES.

18. CLASS ACTION WAIVER
YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIM(S) WITH YOUR CLAIM(S), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.