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YOU AND ITS AGREE TO TRY TO RESOLVE ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, TO THESE TERMS AND CONDITIONS OF USE, OR TO THE SCOPE OR VALIDITY OF THIS PROVISION, WITHOUT RESORTING TO BINDING ARBITRATION OR A COURT OF LAW, BUT IF WITHIN 45 DAYS OF NOTICE OF SUCH A DISPUTE BEING RECEIVED BY YOU OR ITS, THE DISPUTE HAS NOT BEEN RESOLVED, YOU AND ITS AGREE THAT 1)THE DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA'S CONSUMER OR COMMERCIAL ARBITRATION RULES (AS APPROPRIATE), 2) EXCEPT WITH RESPECT TO APPLICABLE FEDERAL LAW, AND WITHOUT REGARD TO CHOICE OF LAW PROVISIONS OR CONFLICT OF LAW RULES, THE LAWS OF THE STATE OF SOUTH CAROLINA EXCLUSIVELY SHALL CONTROL, 3) THE ARBITRATION SHALL BE HELD IN COLUMBIA, SOUTH CAROLINA, 4) THERE SHALL BE ONE ARBITRATOR, 5) THE DECISION SHALL BE FINAL, BINDING, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION, AND 6) EACH PARTY SHALL BEAR ITS OWN COSTS. YOU AND ITS UNDERSTAND THAT BY AGREEING TO THIS PROVISION, EACH OF YOU IS GIVING UP THE RIGHT TO TRIAL BY JURY.
YOU AND ITS FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE OR MULTIPLE PARTY BASIS, AND THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING BETWEEN ITS AND ANY OTHER PERSON.
Should the foregoing binding arbitration provision or any other provision of these Terms and Conditions be declared void or unenforceable or deemed in contravention of law, it shall be severed and the remainder of these Terms and Conditions of Use shall be enforceable; provided additionally in the case of severance of the binding arbitration provision you and ITS agree, without regard to choice of law provisions or conflict of law rules, that the dispute, including any dispute concerning Federal Law, shall be resolved in the state or federal courts located in Columbia, South Carolina, and you and ITS agree to jurisdiction and venue in Columbia, South Carolina.
To the extent that a court of law is necessary to enforce an arbitration decision, you and ITS agree, without regard to choice of law provisions or conflict of law rules, that jurisdiction and venue shall be in the state or federal courts located in the Columbia, South Carolina, unless otherwise necessary for enforcement against you in another court of competent jurisdiction by ITS.
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ITS' failure to enforce performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any such provision or of any right of ITS. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions of Use.
If any provision of the “Terms and Conditions of Use” is declared void or unenforceable or deemed in contravention of law, it shall be severed and the remainder of these Terms and Conditions of use shall remain enforceable.
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