This page contains
H&H SECURITY AND PRIVACY POLICY
SECURITY GUARANTEE
H&H Nashville implements standard security measures to protect your sensitive information. Your financial information is encrypted with Secure Socket Layer (SSL) technology, stored behind a network firewall, and is accessible only to a limited number of people, all of whom are required to keep your information confidential.
H&H NASHVILLE’S PRIVACY POLICY
Our business is strongly committed to protecting your privacy. Because we gather certain types of information about and from you, our users and subscribers, in order to fulfill your requests and better service your needs, we feel you should fully understand the terms and conditions surrounding the collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline.
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
In order to provide our users with the most efficient and enhanced personalized service and attention, we may request information about you in certain circumstances and collect certain information automatically. We also use contact lists and other information which are obtained from third parties, from time-to-time. You can update or correct your contact information or change your preferences about receiving offers and information from us at any time, including changing your preferences about sharing information with third parties.
Information You Volunteer
We collect personally identifiable information that you volunteer to us (such as your name, mailing address, e-mail address, phone number, age, gender, hobbies) when you subscribe to, or create an account with our Website, place an order through our Website, enter contests or sweepstakes through our Websites.
Information Collected Automatically
We may also automatically collect your IP and referring Website addresses, browser type, domain name and Website access times. This information helps facilitate your on-line experience on our Website. In addition, we use cookies to track usage pattern on our Website and to control the display of ads, as well as to offer other functionalities (such as screening for age, helping track items in your shopping cart, and “recognizing” you to speed up your log-in when you visit our Website). You can turn off cookies, that will affect your online experience but you may not be able to complete an order or transaction. Please see below for more detail on cookies.
Other Information
We conduct market research so that we can continually improve our brands and Website’s products and services and may purchase or rent lists of potential subscribers or customers from third parties. Those lists may include information on current subscribers or customers. This information may be included in our database in order to help us serve you better by, for example, minimizing multiple mailings and e-mailings and providing information tailored to your interests.
WHAT DO WE DO WITH THE COLLECTED INFORMATION?
We use information you provide to fulfill your requests and improve our Website, products and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and other offers that are most relevant to our subscribers and users and to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports.
We use personal information so that we may display or send custom, personalized content to our Website visitors and send newsletters, mail or e-mails, features, promotional material, surveys and other updates. From time to time, we may also establish business relationships with persons or entities that we believe to be trustworthy and whose privacy policies are generally consistent with our privacy policy (“Choice Partners”). In such cases, we might share and cross-reference information, including personal information about you that will enable our Choice Partners to contact you regarding products and services that you might find of interest.
A user may, at any time, opt out of receiving information by going to the unsubscribe page and following the instructions. We also use collected information to evaluate and administer our products and services, fulfill customer requests, announce sweepstakes/contest winners, respond to any future problems, and to gauge user trends to determine what products and services are most popular with our users.
HOW DO WE SHARE PERSONAL INFORMATION?
Personal information is available to H&H Nashville and the technical and fulfillment agents, partners and consultants who make our Website, products and services available to you. Anonymous information is available to our advertisers, sponsors and promotional and business partners. We share your personal information with third parties only as described below.
H&H Nashville and Its Agents
H&H Nashville may access anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of sweepstakes winners, new partner Websites, services or products we offer and any other orders. To facilitate subscriptions, H&H will cache your order information and create an authorization with a merchant account (e.g., your credit card company). Website hosting firms, technical and database consultants, advertising agencies, order processing partners, customer service partners and fulfillment firms, including firms assisting us in offering contests, sweepstakes and promotions, may have access to personally identifiable information in the course of making our services available. All companies working for and with H&H Nashville must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as required by law.
Participating Vendors
Our Website may offer opportunities to make purchases online from special participating vendors. We will give these participating manufacturers, retailers, wholesalers or distributors the order information and authorization for the merchant bank. Any time you order from a participating vendor, that vendor will automatically have all the information related to the order. Participating vendors have their own privacy policies, and they may use that information to advertise to you directly. H&H Nashville is not responsible for these parties’ respective privacy policies, and we urge you to inquire about their information collection and use practices. In addition, all vendors will receive the same anonymous, aggregate data that our advertisers receive.
Credit Card Companies
As in any transaction, your credit card company will have all the relevant information about the name of the vendor, item(s) purchased, date, total costs and other information necessary to process the transaction. H&H Nashville will not provide any personal data to your credit card company without your permission.
Advertisers, Sponsors and Promotional and Business Partners
We share anonymous, aggregate demographic information (such as gender, age, income, hobbies, interests, etc.), and anonymous information obtained from cookies and similar technologies, without advertisers, sponsors, promotional and business partners, and participating vendors. No personally identifiable information is disclosed to any of these third parties in providing these reports. Credit card numbers, bank account numbers and passwords are not shared with advertisers, sponsors or promotional partners, and are only shared with specific vendors with whom you have placed an order on-line.
Information we obtain in non-internet transactions or sweepstakes is handled differently. We may share offline contact information with third parties who may send you offers or information about their products or services. You must opt-out if you do not wish to receive information from third parties or by us by mail.
Your e-mail address is not shared with third parties unless you agree to receive the information, by opting-in, from third parties. In other words, we may extend e-mail offers to users or subscribers on behalf of our business partners about a particular product or service that may be of interest to you, but only if you have indicated to us that you would like to receive these offers. If you wish to receive such offers, we will not share or disclose your name or e-mail address to those business partners, but will send you the information on offers on their behalf. As a result, H&H Nashville may receive a fee from our business partners for this service. H&H Nashville will send the offers so that your personal information is never shared with any outside third party. Of course, you may opt-out of receiving these offers at any time.
From time-to-time, we will give you the opportunity to opt in to receive e-mail offers from third parties not affiliated with H&H Nashville. If you decide to accept these offers, we will provide, with your consent, your contact information to the third party.
You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community, that information can be collected and used by others. For example, if you use chat forums, bulletin boards, blogs or message boards, or if you post personal information online (such as e-mail addresses), you may receive unsolicited messages from others. H&H Nashville has no control over this use of your personal information.
Important Notice
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or cooperate in any legal investigation.
HOW DO WE USE COOKIES?
Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a Website. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best and make it easier to use our site. We use cookies in order to retain the contents of your shopping cart while you browse our Website. Cookies also enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser. If you disable cookies, some advanced and customized features or offerings will not be available to you. Our third party advertisers may also use cookies.
HOW DO WE USE WEB BEACONS?
Some of our Web pages may contain electronic images known as Web beacons, which are also called “single-pixel gifs.” These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include Web beacons in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our Website usage. Web beacons collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the Web beacon resides. Some of our web pages may also contain Web beacons placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.
WHAT ABOUT THIRD PARTY ADVERTISERS?
Some of our third party content displayed in our Website is provided by outside companies. This content may contain cookies and may also contain Web beacons. Unlike cookies and Web beacons used by H&H Nashville in content we control on our Website, we do not have access to information collected from cookies or Web beacons received in connection with third party content. While we use third parties which we believe are reputable to serve some or all of the content placed within our Website, third parties use information (not including personally identifiable information) about your visit to our Website and other Websites to assist in serving their third party content to you. They may also share anonymous information with their clients such as date/time of the content shown, the specific content shown, the IP address and other similar information.
HOW CAN YOU CONTROL YOUR PERSONAL INFORMATION?
We believe that choice in how and when you are contacted is key to customer satisfaction. Therefore, we offer several ways for you to update your contact information and/or change your preferences:
- If you have an online account with our Website, you may be able to log on and update or change your contact or account information. Check the Website for further information.
- You may unsubscribe to any of our online e-mail updates by following the unsubscribe instructions in the body of any e-mail message.
- You may write to us and update your contact information or ask that we not share your personal contact information with third parties at: H&H Nashville, LLC, 137 2nd Ave. N. #201, Nashville TN 37201 c/o Online Privacy Director
- You may also contact us via e-mail at info@hhtattoonashville.com
We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom your information was previously disclosed pursuant to their respective privacy policies.
SECURITY OF YOUR PERSONAL INFORMATION
We use Secure Sockets Layer (SSL) technology to encrypt important information, such as your credit card data, in an effort to prevent unauthorized access during the transmission of your orders via the internet. We incorporate standard industry practices internally and with our service partners, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in the Privacy Policy. Your personal information may also be protected by the password you created when you registered at our Website where this feature is offered. The confidentiality of your password is yours to protect. You may change it at any time by following the instructions on the Website where you registered.
VISITORS AND SUBSCRIBERS OUTSIDE THE UNITED STATES
Our Website and the servers that make the site available worldwide are located in the United States. The internet laws in the United States govern all matters relating to the Website. Any information you provide in subscribing to our Website or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing and use. We adhere to the US-EU Safe Harbor Privacy Principles (“EU Safe Harbor”) with respect to certain personally identifiable information that we receive from customers in the European Union.
CHANGES TO OUR PRIVACY POLICY
We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case, we will e-mail registered Website visitors information on material changes to this Privacy Policy.
CONTACT INFORMATION
If you have any questions about this Privacy Policy or our privacy practices, please e-mail us at info@hhtattoonashville.com
Or you can contact us by mail at:
H&H Nashville, LLC
137 2nd Ave. N. #201, Nashville TN 37201
Updated: February 28th, 2012
H&H Return/ Exchange Policy
At this time, we do not accept returns or exchanges on the following items:
- No Refunds will be issued on Tattoos
- No Refunds will be issued on Tattoo Deposits
- No Returns or Exchanges on Washed or Worn products
No Returns on DVDs, Books, Sale or Clearance items - No Returns on Gift Card purchases
- All Sales are final on Watches, Decals, Cameras, Sunglasses / Goggles
For all other products, returns will be accepted within 7 days of the purchase date, only in the original packaging and must include the attached price tags. The purchaser must have the receipt. The return will then be refunded to the customer in the original form of payment. Refunds will not be issued to resort Hotel cards. Exchanges or store credits will be allowed within 30 days with an original receipt.
TERMS OF USE AGREEMENT
February 28th, 2012
By using this Website, you agree to be bound by all the terms and conditions in this Terms of Use Agreement (“Agreement”). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use a current or future version of the Website , you also will be subject to the terms and conditions of this Agreement. Please, print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.
User Comments
We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of H&H Nashville. Your submission of any such Comments shall constitute an irrevocable assignment to H&H Nashville of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, H&H and any of its related companies will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Trademarks
H&H Nashville is a registered trademark of H&H Nashville, LLC. All rights in such name/s are hereby reserved. All rights in the product names, company names, tattoo art, other artwork, logos, page headers, button icons, scripts of all H&H Nashville or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to H&H Nashville or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or rights under any patent or trademark of H&H Nashville or any third party.
Copyright
All copyright in the text, images, photographs, graphics, user interface, music and other content provided on the Website and the selection, coordination, and arrangement of such content, are owned by H&H Nashville or its third party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of H&H Nashville or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, supplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of H&H Nashville or its lawful successors and assigns. For usage permission, please contact us via e-mail at info@hhtattoonashville.com
Notice of Copyright Infringement
H&H Nashville respects and honors the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide H&H Nashville’s Copyright Agent with the following information: (1) Identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an e-mail address if available, so that H&H Nashville may contact you if necessary; (4)a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
H&H Nashville’s Copyright Agent for notice of claims of copyright infringement on the Website is H&H Nashville’s General Counsel, who can be reached as follows:
The Orofino Law Group, PLLC
1521 Alton Road #256
Miami Beach, FL 33139
License and Website Access
H&H Nashville grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than the page caching) or modify it, or any portion of it, except with express written consent of H&H Nashville. This license does not include any resale or commercial use of the Website or its contents’; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purposes without express written consent of H&H Nashville. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of H&H Nashville and its affiliates without express written consent of H&H Nashville. You may not use meta tags or any other hidden text using H&H Nashville’s name or trademarks without the express written consent of H&H Nashville. Any unauthorized use will immediately terminate the permission or license granted by H&H Nashville.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of H&H Nashville so long as the link does not portray H&H Nashville or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by H&H Nashville in its sole discretion. You may not use H&H Nashville’s logo or other proprietary graphic or trademark as part of the link without express written permission of H&H Nashville. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from H&H Nashville.
Third Party and Co-Branded Websites
The Website may contain hyperlinks (“links”) to websites operated by persons other than H&H Nashville (“third party Websites”) or to co-branded websites operated by a third party, including affiliates (“co-branded Websites”). We provide such links for your reference and convenience only. A link from H&H Nashville to a third-party Website does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party Websites to which you might link from our Website. H&H Nashville IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE AND ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE OR ANY OTHER PERSON YOU ENGAGE IN ANY TRANSACTION.
Your Responsibilities
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from H&H Nashville. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or a transaction or other interaction with H&H Nashville or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card or other payment method used in connection with a purchase or transaction or other interaction with H&H Nashville or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentification measures without proper authorization, attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with H&H Nashville. Title to products purchased on the Website, or through affiliates, as well as the risk of loss for such products, passes to you when H&H Nashville delivers these items to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE SITE IS PROVIDED BY H&H NASHVILLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H&H NASHVILLE MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY, IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H&H NASHVILLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL H&H NASHVILLE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES. IN THE EVENT A THIRD-PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO H&H NASHVILLE THROUGH THE SITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE WHETHER IN ACTION OR UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Tennessee, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Tennessee. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods.
Any dispute relating in any way to your visit to H&H Nashville shall be submitted to confidential arbitration in Davidson County, Tennessee, United State of America, except that, to the extent you have in any manner violated, threatened to violate H&H Nashville’s intellectual property rights, H&H Nashville may seek injunctive or other appropriate relief in any state or federal court in Davidson County, Tennessee, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration, under this Agreement, shall be construed under the rules then prevailing of JAMS/ENDISPUTES Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of Tennessee Code of Civil Procedure, Rule 1.280 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to defend, indemnify, and hold harmless H&H Nashville and its licensors, affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other parties from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by H&H Nashville arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Website at any time for any reason, without notice. We may change the contents, operation, or any other and all features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and H&H Nashville as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of H&H Nashville’s right to comply with governmental, court and law enforcement requests or requirement relating to your use of the Website or information provided or gathered by H&H Nashville with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of H&H Nashville to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not, in any way, waive its right to enforce subsequently any terms or conditions of this Agreement to act with respect to similar breaches. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between H&H Nashville and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved by H&H Nashville.
