Dispute Resolution. Mediation and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most Subscriber concerns can be resolved quickly and to the Subscriber’s satisfaction by contacting our customer service department at firstname.lastname@example.org . In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if Steven J Wong Films has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes first through good faith mediation and then through binding arbitration, instead of in courts of general jurisdiction.
As such, we agree to submit any dispute, claim or controversy arising out of your use of the Site or your Subscription with Steven J Wong Films to private mediation. In the event that we are unable to reach an amicable resolution to the dispute at the mediation, the dispute, claim or controversy arising under this Agreement shall be resolved by binding arbitration and shall be construed and interpreted in accordance with the laws of the state of Texas. Good faith mediation is a pre-requisite to filing any arbitration claim.
Such arbitration shall be administered by and under the rules the American Arbitration Association (“AAA”) in accordance with its then prevailing expedited rules, by one independent and impartial arbitrator selected in accordance with such rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. § 1 et seq. The fees and expenses of AAA and the arbitrator shall be shared equally by each of us and advanced from time to time as required; provided that at the conclusion of the arbitration, the arbitrator shall award costs and expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) to the prevailing party. In the event it becomes necessary to commence legal proceedings to enforce the terms and condition of your use of the Site or your Subscription with Steven J Wong Films, the prevailing party shall be entitled to recover attorney fees and costs. Judgment on the award may be entered in any court having jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
Limitation on Liability
Steven J Wong Films WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Steven J Wong Films HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Steven J Wong Films AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Steven J Wong Films FOR THE APPLICABLE CONTENT, PRODUCT, SUBSCRIPTION, SITE ACCESS, MEMBERSHIP OR SERVICE OUT OF WHICH LIABILITY AROSE.
UNDER NO CIRCUMSTANCES WILL Steven J Wong Films BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUBSCRIBER’S RELIANCE ON INFORMATION OBTAINED THROUGH Steven J Wong Films. IT IS THE RESPONSIBILITY OF SUBSCRIBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH Steven J Wong Films SITES AND PRODUCTS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
Trademarks, service marks, and logos appearing in this site are the property of Steven J Wong Films or the party that provided the trademarks, service marks, and logos to Steven J Wong Films. Steven J Wong Films, and any party that provided trademarks, service marks, and logos to Steven J Wong Films, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Additionally, subscribers are specifically prohibited from posting negative or defamatory statements regarding Steven J Wong Films, contributors to the site or other subscribers.
Steven J Wong Films may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Steven J Wong Films or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Steven J Wong Films staff, Steven J Wong Films’s outside contributors, or by users not connected with Steven J Wong Films, some of whom may employ anonymous user names. Steven J Wong Films expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Steven J Wong Films or any of its subsidiaries or affiliates.
Steven J Wong Films has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Steven J Wong Films will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Steven J Wong Films considers insecure, Steven J Wong Films will be entitled to require the password to be changed and/or terminate your account.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Steven J Wong Films FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Steven J Wong Films DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Steven J Wong Films OR LAW ENFORCEMENT AUTHORITIES.