TERMS AND CONDITIONS
1. Welcome to What’s Happening George, Inc. (hereinafter "WHG”," “We” or “Us”). This Agreement sets forth the legal terms and conditions for your use of www.whatshappeninggeorge.com your use of any WHG goods or services in the United States.
2. Eligibility. You agree to provide Us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites. If you are under 18, you may only use our Websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials in the Website are presented solely for the purpose of promoting events available in the United States and its territories.
3. Posting Events. WHG’s service is to promote the events for the community, business, sports/kids and faith/religious events. Event postings are free and to help promote the business’ and charitable organizations’ website, their URL link may be added for a fee as stated on the website at the time of registration. The definition of event represents the invitation to the general public and WHG reserves the right to approve or deny any event. Registration is required to post events.
4. Advertising. WHG provides advertising services to business and charitable organizations. Registration is required and the advertising policy is fully incorporated herein by reference and you agree to be bound by WHG’s advertising policy. WHG reserves the right to approve all advertisements and URL links to websites and all advertisements are non-refundable. WHG is not responsible for technical problems that may occur. However, if the website is offline for an extended time, refunds will be given at the discretion of WHG. Billing will be processed through PayPal on a monthly basis with a three month minimum. Nonpayment will result in the deletion of the URL link and/or advertisement. Questions regarding advertising may be directed to firstname.lastname@example.org (Subject line: Sales)
5. You are responsible for maintaining the security of your password and I.D.
6. Ownership & Copyright Restrictions. The Websites are owned and operated by WHG. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation as a whole ("Content"), are copyrighted under U.S. copyright and other laws by WFG, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Website
7. Copyright Permission. Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement.
9. Anti-Spam Policy. WHG strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending ten or more messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient.
10. DISCLAIMER WHG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO AN ADVERTISER’S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ADVERTISER’S WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE.
THIS SERVICE IS PROVIDED “AS IS.” YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING
11. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WHG, ITS AFFILIATES, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING WHG, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON’S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
12. Resolution of Disputes. YOU WAIVE ALL RIGHTS TO JURY OR COURT TRIAL TO RESOLVE ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH HEREIN. All disputes and claims relating to WHG or its past or present related entities, officers, directors, employees, investors, or any other claims or causes of action relating to the services provided by WHG shall be settled totally and finally by mediation and binding arbitration as set forth herein. If a dispute arises, it is expected that the parties will attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.
In the event such efforts are unsuccessful, and as a prerequisite to filing a claim in arbitration, either party may serve a notice requesting mediation (“Notice of Mediation”) on the other party. Notice of Mediation shall be personally delivered or sent by prepaid registered airmail or overnight courier, and shall be effective on receipt thereof by the party to whom it is addressed. Proof of receipt shall be a receipt signed by any officer or responsible official of the party to whom it is addressed. The Notice of Mediation shall be dated, and without prejudice to any right under this Agreement permitting subsequent modifications, shall specify the claims or issues which are to be subjected to mediation, including the requested remedies sought in the mediation. The parties shall attempt, in good faith, to select a mutually acceptable mediator. The mediation shall take place in Knox County, Tennessee within 45 days after the selection of the mediator. The party that serves the Notice of Mediation shall be responsible for the costs of the mediation. The mediation, and any materials, briefs, statements, documents, or information exchanged at or in anticipation of the mediation, shall be kept confidential and shall not be admissible for any purpose in any legal proceeding.
If differences cannot be resolved by mediation as set forth in the paragraph above, the parties agree that in order to promote to the fullest extent reasonably possible a mutually amicable resolution of the dispute in a timely, efficient and cost-effective manner, they will waive their respective rights to a trial by jury and settle their dispute by submitting the controversy to binding arbitration in accordance with the commercial rules of the American Arbitration Association (“AAA”), except that all parties shall be entitled to discovery rights as limited by the arbitrator, but no greater than provided by the Federal Rules of Procedures then in effect.
Upon service of the Demand for Arbitration, the parties shall attempt, in good faith, to select a mutually agreeable arbitrator from the AAA’s Panel of Arbitrators. The parties agree that the arbitrator shall be an attorney at law, who shall have expertise in business law transactions. If the parties are unable to select and notify the AAA of a mutually acceptable arbitrator within 21 days after service of the Demand for Arbitration, the AAA shall submit to the parties a list of seven proposed arbitrators who have the Preferred Expertise (the “Arbitrator List”). Within seven days of service of the Arbitrator List, each party shall submit a letter to the AAA ranking four arbitrators on the Arbitrator List in order of preference and striking the remaining three names. The AAA shall then select the arbitrator on the Arbitrator List with the highest combined ranking. The AAA shall notify the parties in writing once an arbitrator has been mutually selected or appointed from the Arbitrator List.
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq., and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. Any substantive or procedural rights other than the enforceability of the arbitration agreement shall be governed by the law of the State of Tennesse, which is What’s Happening George’s state of incorporation, without giving effect to principles of conflicts of laws.
The parties further expressly agree that (i) the arbitrator shall only reach his decision by applying strict rules of law to the facts, (ii) the arbitration shall be conducted in the English language, in the county and state of WHG corporate office in the United States, (iii) subject to sub-clause (iv) of this paragraph, the party filing the Demand for Arbitration shall be responsible for all fees and costs charged by the AAA and the arbitrator, provided, however, that the respondent shall be responsible for the filing fees of any Cross-Complaint that it files with the AAA; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover costs and expenses of the arbitration including, but not limited to, attorneys’ fees and the cost and expense of administration of the arbitration proceedings, and any costs and attorney’s fees incurred in executing on or enforcing the arbitration award, (v) neither party (nor any of WHG’s related entities, officers, directors, employees, investors, distributors or vendors) shall have any liability for any punitive, incidental, consequential, special or indirect damages, including loss of future revenue or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement or for any act, omission, or other conduct arising out of the parties’ business relationship; and (vi) the arbitral award shall be issued in the county and state of the WHG corporate office in the United States.
Except as provided below, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of such arbitration award. Provided that, notwithstanding this mediation and arbitration policy, either party may apply to a court of competent jurisdiction in the county and state of the WHG corporate office in the United States, or in any other jurisdiction as necessary to enforce an arbitration award or the injunctive relief granted by a court, to seek a temporary restraining order, preliminary injunction, or other injunctive relief before, during the pendency of, or after the rendition of, a decision in any arbitration proceeding. The institution of any action for equitable relief or to enforce an award or order shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive or enforcement relief to arbitration. Judgment upon the award may be entered by the United States Federal District Court or Superior Court located in the county and state of the WHG corporate office in the United States, or application may be made to such court for the judicial acceptance of the award and order of enforcement, as the case may be, if the arbitrator’s award or decision is not complied with within seven days of the arbitrator’s decision. This agreement to arbitrate shall survive any termination or expiration of any other agreements between the parties.
Jurisdiction and venue of any matter not subject to mediation or arbitration shall reside in Knox County, State of Tennessee unless the laws of the state in which you reside expressly requires the application of its laws. The applicable provisions relating to mediation in the Tennessee Code of Civil Procedure and the Tennessee Evidence Code shall govern all matters relating to any mediation conducted pursuant to this Agreement. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Tennessee shall govern all other matters relating to or arising from this Agreement unless the laws of the state in which you reside expressly requires the application of its laws.
13. Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
14. Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
15. Authority to Execute. The party signing this Agreement hereby acknowledges, represents and warrants that they are expressly and duly authorized to execute this Agreement and to legally bind said party to this Agreement.
16. Notices. You may contact us by email at email@example.com; Billing@whatshappeninggeorge.com; and Support@whatshappeninggeorge.com