Terms of Service
Website and SMS/Email Communications Terms & Conditions
Effective as of December 15, 2022.
Please read these Terms & Conditions carefully.
Website Terms & Conditions
Agreement between user and https://www.sellwithbigelow.com
Welcome to Sell With Bigelow. The https://www.sellwithbigelow.com website (the “Site”) is compromised of various webpages operated by Sell With Bigelow (“Justin Bigelow”). The Site is offered to you conditioned that on your acceptance without modification of these terms, conditions, and notices contained herein (“Terms”). Your use of this website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy for your reference.
The Site is a realty site designed to showcase Justin Bigelow, Realtor with Dream Huge Realty, as well as services offered, specializations, and available real estate.
Justin Bigelow does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use the Site only with permission from a parent or guardian.
Links to Third-Party Sites/Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Justin Bigelow and Justin Bigelow is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any charges or updates to a Linked Site. Justin Bigelow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Justin Bigelow, the Site, or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that Justin Bigelow may share such information and data with any third party with whom Justin Bigelow has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site users.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Justin Bigelow that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any matter which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not expressly made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Justin Bigelow or suppliers and protected by copyright and other intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer of sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The contents of the Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for personal use, and will make no other use of the content without the express written permission of Justin Bigelow and the copyright owner, Graziani Multimedia. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Justin Bigelow or licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Justin Bigelow from our offices within the USA. If you access the service from a location other than the USA, you are responsible for compliance with all local laws and regulations. You agree that you will not use the Site content accessed in any country or in any manner prohibited by any applicable laws, regulations, or restrictions.
Indemnification
You agree to indemnify, defend, and hold harmless Justin Bigelow and all officers, directors, employees, agents, and third parties of Justin Bigelow, for any losses, costs, liabilities, and expenses (including reasonable attorneys fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Justin Bigelow reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Justin Bigelow in asserting any available defenses.
Changes to the Site Terms & Conditions
Justin Bigelow may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Site. You agree to review these Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive text messages/emails will indicate your acceptance of those changes.
Termination/Access Restrictions
Justin Bigelow reserves the right, in its sole discretion, to terminate your access to the Site and any related services or portions thereof, at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Justin Bigelow as a result of this agreement or use of the Site. Justin Bigelow’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement in derogation of Justin Bigelow’s Right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Justin Bigelow with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the liability limitations set forth, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely approximates the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Justin Bigelow with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Justin Bigelow with respect to the Site.
Website Release
No Warranties; Limitation of Liability
By participating in the Site, you agree to release and hold harmless Justin Bigelow and its representatives, agents, successors, assigns, employees, officers, and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the Justin Bigelow, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE SITE IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL, OR ARISING UNDER CUSTOM OR TRADE. JUSTIN BIGELOW DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, AND NON-INFRINGEMENT.
In no event shall Justin Bigelow be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Site, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or 4 regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the Site, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND JUSTIN BIGELOW ARISING OUT OF OR RELATING IN ANY WAY TO THESE SITE TERMS & CONDITIONS, ANY COMMUNICATIONS BETWEEN YOU AND JUSTIN BIGELOW OR ANYONE ACTING ON YOUR OR JUSTIN BIGELOW’S BEHALF, OR THE SITE REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF IOWA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND JUSTIN BIGELOW INCLUDE, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
THIS PROVISION MUST BE CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF OHIO UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and Justin Bigelow alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect on issues, claims, matters, or disputes with anyone who is not a named party to the arbitration. Attorney Fees In the event of any claim, matter, or dispute between you and Justin Bigelow arising out of or relating in any way to these Terms & Conditions, any text messages or emails between you and Justin Bigelow or anyone acting on your or Justin Bigelow’s behalf, or the Site, Justin Bigelow, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration-related fees and expenses.
Applicable Law
The law of the State of Ohio including its statutes of limitations and without reference to any conflict of laws principles shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these Terms & Conditions, the Site, or any communications between you and Justin Bigelow or anyone acting on your or Justin Bigelow’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions. Contact Us If you have questions regarding these Terms & Conditions, you may reach us by calling 419-528-8260.
SMS and Email Terms & Conditions
Electronic Communication
Visiting https://www.sellwithbigelow.com or sending emails to Justin Bigelow constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirements that such communications be in writing.
SMS Text Messaging and Email Opt-In
By completing the SMS/Text Messaging/email Opt-In Form, you expressly consent to receive non-marketing and marketing text messages/emails from Justin Bigelow | Dream Huge Realty herein referred to as “Justin Bigelow”, including automated text messages/emails, at the mobile phone number(s) you provide. You may opt-out of these communications at any time by replying STOP to any text message from Justin Bigelow or by otherwise contacting Justin Bigelow as indicated below. You can receive help at any time by replying HELP to any text message from Justin Bigelow or by otherwise contacting Justin Bigelow as indicated below. Consent to receive non-marketing or marketing text messages/emails is not required to purchase any products or services from Justin Bigelow. Messaging and data rates may apply. By completing the SMS text Messaging/Email Opt-In Form, or using the Justin Bigelow website, you also accept and agree to be bound by these Terms & Conditions and any other applicable terms and agreements related to your use of Justin Bigelow services.
Program Description
Justin Bigelow offers its text messaging/email program whereby Justin Bigelow, and any applicable service providers, will text message/email you to provide you with information concerning your account activity with Justin Bigelow and other Justin Bigelow products, services, and promotions (all of the foregoing the “Justin Bigelow Program”). Justin Bigelow and its service providers may, from time to time, use a standard or an automatic system to deliver text messages/emails to you under the Justin Bigelow Program. You agree that you will not use the Justin Bigelow Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the Justin Bigelow Program. Message Frequency Under the Justin Bigelow Program, the number of Justin Bigelow text messages/emails that you receive may vary depending upon your account activity and your communication with Justin Bigelow.
Cost
Justin Bigelow does not impose a separate fee for sending Justin Bigelow text messages/emails under the Justin Bigelow Program. However, standard message and data rates may apply to each text message sent or received in connection with the Justin Bigelow Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The Justin Bigelow Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The Justin Bigelow Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Justin Bigelow Program are available on all equipment/mobile devices, or through all wireless carriers. Justin Bigelow may, from time to time, at its discretion and without notice to you, limit the carriers that support the Justin Bigelow Program. Certain other carriers may not support the Justin Bigelow Program. Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The Justin Bigelow Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of Justin Bigelow’s control, and Justin Bigelow is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone, or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the Justin Bigelow Program. If the Justin Bigelow Program is not available within your intended location, you agree that your sole remedy is to cease using the Justin Bigelow Program.
How to Opt-In
To opt-in to receive text messages from Justin Bigelow under the Justin Bigelow Program, complete the SMS/Text Messaging Opt-In Form and submit it to Justin Bigelow. Justin Bigelow will then send you a text message asking you to confirm your enrollment in the Justin Bigelow Program.
To opt-in to receive emails from Justin Bigelow under the Justin Bigelow Program, complete the email Opt-In Form and submit it to Justin Bigelow. Justin Bigelow will then send you an email asking you to confirm your enrollment in the Justin Bigelow Program.
How to Opt-Out
To STOP receiving text messages from Justin Bigelow, text STOP to the code from which the text messages are being sent. You will then receive confirmation of your opt-out of the Justin Bigelow text messaging program. You may also opt out by providing written notice to Justin Bigelow at 33 N Main Street, Mansfield, Ohio 44902 or by calling 419-528-8260.
To STOP receiving emails from Justin Bigelow, click the “Unsubscribe” link at the bottom of the email. You will then receive confirmation of your opt-out of the Justin Bigelow email program. You may also opt out by providing written notice to Justin Bigelow at 33 N Main Street, Mansfield, Ohio 44902 or by calling 419-528-8260.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with Justin Bigelow regarding your use of the Justin Bigelow Program, including, without limitation, notifying Justin Bigelow in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify Justin Bigelow in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify Justin Bigelow if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
Your Email Address
You represent that you are the account holder for the email address(s) that you provide or that you have the account holder’s permission to enter the email address(s). You agree to maintain accurate, complete, and up-to-date information with Justin Bigelow regarding your use of the Justin Bigelow Program, including, without limitation, notifying Justin Bigelow in writing immediately if you change, or cease being the regular user of, your email address. You agree to indemnify Justin Bigelow in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify Justin Bigelow if you change your email address, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
Eligibility
To receive Justin Bigelow text messages/emails or enroll in the Justin Bigelow Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the Justin Bigelow Program, and authorized to incur any mobile message or data charges incurred by participating. Justin Bigelow reserves the right to require you to prove the foregoing to participate in the Justin Bigelow Program.
Changes to this SMS/Text Messaging Terms & Conditions
Justin Bigelow may revise, modify, or amend these SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Justin Bigelow website. You agree to review these Justin Bigelow SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive text messages/emails will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
Justin Bigelow | Dream Huge Realty may suspend or terminate your receipt of text messages/emails if Justin Bigelow believes you are in breach of these SMS/Text Messaging Terms & Conditions. Your receipt of text messages/emails is also subject to termination in the event that your mobile telephone service terminates or lapses. Justin Bigelow | Dream Huge Realty reserves the right to modify or discontinue, temporarily or permanently, all or any part of text messages/emails and the Justin Bigelow Program, for any reason, with or without notice to you.
SMS/Email Release
No Warranties; Limitation of Liability
By participating in the Justin Bigelow Program, you agree to release and hold harmless Justin Bigelow and its representatives, agents, successors, assigns, employees, officers, and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the Justin Bigelow, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy. THE JUSTIN BIGELOW PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL, OR ARISING UNDER CUSTOM OR TRADE. JUSTIN BIGELOW DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, AND NON-INFRINGEMENT. In no event shall Justin Bigelow be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Justin Bigelow Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or 4 regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the Justin Bigelow Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND JUSTIN BIGELOW ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES OR EMAILS BETWEEN YOU AND JUSTIN BIGELOW OR ANYONE ACTING ON YOUR OR JUSTIN BIGELOW’S BEHALF, OR THE JUSTIN BIGELOW PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF IOWA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND JUSTIN BIGELOW INCLUDE, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST BE CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF OHIO UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and Justin Bigelow alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect on issues, claims, matters, or disputes with anyone who is not a named party to the arbitration. Attorney Fees In the event of any claim, matter, or dispute between you and Justin Bigelow arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages or emails between you and Justin Bigelow or anyone acting on your or Justin Bigelow’s behalf, or the Justin Bigelow Program, Justin Bigelow, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration-related fees and expenses.
Applicable Law
The law of the State of Ohio including its statutes of limitations and without reference to any conflict of laws principles shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the Justin Bigelow Program, or any text messages or emails between you and Justin Bigelow or anyone acting on your or Justin Bigelow’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions. Contact Us If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling 419-528-8260.