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TERMS & CONDITIONS

THOMAS RHETT HOME TEAM TERMS AND CONDITIONS

Effective Date: January 14, 2022

Welcome to Thomas Rhett Home Team (“Home Team,” “we,” “us,” or “our”)! These Terms and Conditions informs you the terms, conditions, disclaimers, notices, policies, and agreements (collectively, “Terms”) that apply to your access and use of our Home Team mobile application (“App”), and websites located at hometeam.thomasrhett.com or any other website linked to these Terms (the “Sites,” together with App, the “Services”).

BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT, INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS. In addition to these Terms, the Thomas Rhett Home Team Privacy Policy, found at https://hometeam.thomasrhett.com/privacy-policy (the “Privacy Policy”) will govern how personal information you submit on our Sites or in our App will be used. Please read our Terms, Privacy Policy and any other terms referenced in this document carefully. If you do not agree to be bound by the Terms, you may not access or use the Services.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH UNLESS YOU OPT-OUT, LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY.

1. PROPRIETARY RIGHTS

As between you and Home Team, Home Team owns, solely and exclusively, all rights, title and interest in and to our Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of our Services, and the compilation of the content, code, data and materials on our Services, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein.  Your use of our Services does not grant to you ownership of any content, code, data or materials you may access on our Services.  You may view the content on our Services on your computer or other internet-compatible device, and make single copies or prints of the content on our Services for your personal, internal use only.  Any commercial distribution, publishing or exploitation of our Services, or any content, code, data or materials on our Services, is strictly prohibited unless you have received the express prior permission of Home Team or the applicable rights holder.  (The Site may contain some features that enable you to obtain rights to use certain of the content on our Services, such as lyrics, music, photographs, and the like.  In such situations, your rights to use such content are limited to the rights expressly granted by Home Team in such situations.)  You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on our Services.  If you make other use of our Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  Home Team will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

2. TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on our Services are registered and unregistered Trademarks of Home Team and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  All Trademarks not owned by Home Team that appear on our Services, if any, are the property of their respective owners.  Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Services without the written permission of Home Team or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on our Services is strictly prohibited.  Home Team will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. ACCOUNT AND PASSWORD

You may be enabled to create an account in our Services (“Account”) using a stand-alone registration or social media logins (“Login”).  You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login; for any access to or use of our Services by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account.  You agree to (a) ensure that you exit from your Account at the end of each session and (b) immediately notify Home Team if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place.  It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify Home Team when you desire to cancel your Account on our Services.  Home Team will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

4. USER INFORMATION

In the course of your use of our Services, you may be asked to provide certain personal information to us (such information referred to hereinafter as “User Information”).  Our information collection and use policies with respect to the privacy of such User Information are set forth in our  Privacy Policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. 

5. MOBILE USER INFORMATION

When you enroll in a text message service (Text Service) offered by Home Team, you agree to receive recurring offers and other information from us via SMS and/or MMS message at the mobile number you provided during the services registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment.

Messages will be sent through an automatic telephone dialing system. There is no additional charge for this service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Text Service and you will be responsible for any charges associated with such purchases. Your mobile carriers standard message and data rates may apply to any messages you send or receive through the Text Services, including our confirmations and subsequent texts. Please contact your mobile carrier for more information regarding your mobile data and messaging plan.

As described at program enrollment and in program welcome messages, including messages sent to a short code associated with the Text Service or by replying to any message you receive from us, you may text STOP to cancel or HELP for customer support information. If you choose to stop your subscription, you agree to receive a final text message from the Text Service to confirm your cancellation.  Our information collection and use policies regarding your information are set forth in our Privacy Policy. You agree to notify us of any changes to your mobile number and update your Account with us to reflect this change and acknowledge that you are responsible for the accuracy of this information. You can contact us with questions by using the information provided in the “Contact Us” section of these Terms, listed below.

Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. We are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier.

6. UNSOLICITED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through our Services, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

7. USER CONDUCT

You warrant and agree that, while using our Services, you shall not upload, post or transmit to our Services, or distribute or otherwise publish through our Services, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or Accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying our Services, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. 

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through our Services for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via our Services; or (d) attempt to gain unauthorized access to other computer systems through our Services. You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.

Although Home Team may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on our Services, Home Team is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on our Services nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on our Services.

You agree that if you include a link from any other website to our Services, such link shall open in a new browser window.  You agree not to link from any other website to this Site in any manner such that our Services, or any page of our Services, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve the right to revoke your right to link to our Services from your website at any time upon written notice to you.

8. ORDERS FOR PRODUCTS AND SERVICES

We may make certain products available to visitors and registrants of our Services (“Purchase”).  For example, you may be able to order certain music-related products and/or licenses through our Services. You may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We may require additional information from you prior to accepting or processing your order. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to use or provide the information to third parties for purposes of facilitating the completion of Purchases or providing our Services to you.  You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Home Team.  You agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. 

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability; we suspect you are purchasing products for resale without written permission from us; errors in the description or price of the product or service; error in your order or other reasons; or if fraud or an unauthorized or illegal transaction is suspected. Furthermore, we reserve the right to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us. 

9. THIRD PARTY WEBSITES

You may be able to link from our Services to third party websites (“Linked Sites”).  For example, you may purchase products, some of which may be Home Team products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

10. DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED.  WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  HOME TEAM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, HOME TEAM AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH HOME TEAM OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY  HOME TEAM “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND HOME TEAM OR ITS LICENSOR OR SUPPLIER.

11. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES; AND (3) THAT HOME TEAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF HOME TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOME TEAM TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED TEN DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOME TEAM, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  

These limitations do not apply to users located in the European Economic Area or Brazil.  For those users, if Home Team fails to comply with these Terms, Home Team is responsible for loss or damage you suffer that is foreseeable result of Home Team’s breach of these Terms or is the result of Home Team’s negligence, but Home Team is not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of our breach or it was contemplated by you or Home Team at the time we entered into these Terms.

12.  MODIFICATION AND TERMINATION  

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of our Services, including, but not limited to, content, features or hours of availability.  We may also impose limits on certain features of our Services or restrict your access to part or all of our Services without notice or penalty.  Home Team reserves the right to temporarily or permanently terminate your membership on our Services for any or no reason without prior notice. If you wish to terminate these Terms, you may do so by contacting us as described in the “Contact Us” section below. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. INDEMNITY

You agree to defend, indemnify and hold Home Team and its directors, officers, employees, agents or content or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Services; or (iii) the Content or other information you provide to us through the Services.  Home Team reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Home Team’s defense of such claim.

14. MISCELLANEOUS

a.     No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 
b.     Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
c.      Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.
d.     Notices and Electronic Communications. When you visit our Sites or App, or send e-mails or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text message, push notifications services or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. DISPUTE, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a.     Initial Dispute Resolution. We are available by email at teamtrinfo@gmail.com or by mail at P.O. Box 41452, Nashville, TN 37204 to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

b.     Agreement to Binding Arbitration. For users of the Services that reside in North America, if we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section 16(a) above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 16(d), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in the County of Los Angeles, California, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in Davidson County, Tennessee.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 
The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
c.      Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 16(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
d.     Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
e.     30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 16(b) and 16(c) by sending written notice of your decision to opt-out by emailing us at teamtrinfo@gmail.com. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
f.      Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
g.     Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 16(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Davidson County, Tennessee.  (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
h.     Exceptions. Arbitration may not apply if you are a resident of the European Union and subject to the Alternative Dispute Resolution  Directive (2013/11/EU) and the Online Dispute Resolution Regulation (EU 524/2013) (and any implement regulations in each member state of the EU), the agreement to arbitrate in these Terms will not apply if not permitted by law.  
i.       Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Tennessee, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.
j.       Exception – California Privacy Attorney Generals Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

15. Notice to California and New Jersey Residents 

a.     California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Thomas Rhett Home Team, at P.O. Box 41452, Nashville, TN 37204. To file a complaint regarding the Services or to receive further information regarding use of the Site or App, send a letter to the above address or contact us via e-mail at teamtrinfo@gmail.com with “California Resident Request” as the Subject Line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

b.     New Jersey Residents.  If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following sections of this Terms do not apply to you and do not limit any rights that you may have: (a) Disclaimer; (b) Limitation of Liability; (c) Dispute Resolution, and (d) Indemnification.

16. COPYRIGHT INFRINGEMENT NOTICES

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act.  To do so, please send an email to teamtrinfo@gmail.com with the Subject Line “DMCA Notice”, and include the following:

  • Identify the copyrighted work that you claim has been infringed;
  • Identify the material or link on our Services that you claim is infringing your copyrighted work;
  • Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
  • Include in the body of your notice the following statement, followed by your electronic or physical signature:  “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Home Team or others. 

17. Contact Us

If you have questions about the Terms, or if you have technical questions about the operation of the Services, please email us at teamtrinfo@gmail.com. 

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