a. All Disputes Shall be Settled by Arbitration. In the event of a dispute between you and Go Shop And Save, you and Go Shop And Save agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
- American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 100174605 (phone: 8007787879) (http://www.adr.org)
- National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 554050191 (phone: 8004742371) (http://www.arbforum.com)
- JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 9492241810) (http://www.jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the pendency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Orange County, Florida. The parties also agree to have any such dispute heard before a Judge and waive any rights to a Trial by Jury.
b. Waiver. The waiver by any party of a breach of any provision of these Terms and Conditions shall not operate as a waiver of a breach of any other provision of these Terms and Conditions by any party.
c. Credit Reports. You authorize Go Shop And Save to report Go Shop And Save’s credit experience with you to others solely for (i) collection purposes.
d. Call Monitoring/Recording/Prerecorded Messaging/Predictive Dialing. You understand that Go Shop And Save may monitor, tape and/or record any conversation that may occur between us. However, Go Shop And Save is not obligated to do so and it may choose not to do so. You authorize Go Shop And Save to contact you at their discretion by using prerecorded messaging devices and/or Predictive Dialing devices. If you choose not to be contacted by this method, please contact Member Services.
e. Notices. All notices, requests, consents, and other communications required or permitted pursuant to these Terms and Conditions shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to Go Shop And Save at its principal offices as set forth on www.GoShopandSave.com, and if to you, to the most recent address on record with Go Shop And Save. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.
f. Assignment of Rights and Obligations Under These Terms and Conditions. Go Shop And Save may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your Membership or your rights or obligations pursuant to these Terms and Conditions.
g. Severability. If any term, condition or provision of these Terms and Conditions or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby. In each other term, condition and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
h. Certain Provisions Survive Termination, Cancellation or Expiration of Your Membership. All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive the termination, cancellation or expiration of your Membership.
i. The Headings Are for Convenience of Reference Only. The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
j. Florida Law Governs These Terms and Conditions. These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
k. These Terms and Conditions Are Our Entire Agreement. These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and Go Shop And Save with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and Go Shop And Save. These Terms and Conditions shall not be construed more strongly against Go Shop And Save despite Go Shop And Save’s responsibility for its preparation.