Welcome to The SILG, INC. website (“Website”). This Website is owned and operated by SILG, INC. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern SILG, INC.'s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, you are not authorized to access or use the website for any purpose.
The term 'SILG, INC.' or 'us' or 'we' refers to the owner of the Website whose registered office is in Norcross, GA. The term 'you' refers to the user or viewer of our Website.
The Website, and all information and/or content that you see, read, hear, and/or otherwise experience on the Website (the "Content") is protected by U.S. and international copyright, trademark and other laws, and belongs to SILG, INC., its affiliates, partners, contributors or third parties. SILG, INC. grants you a personal, non-exclusive, non-transferable license to use the Website and the Content, and to download, print and store portions of the Content that you select; provided, however, that you; (1) use those portions of the Content only for your own personal, non-commercial use;(2) do not copy or post the Content on any network computer, and/or transmit, distribute, publish or broadcast the Content in any media and/or in any manner; and (3) do not modify or alter the Contents in any way, including but not limited to deleting and/or changing any copyright or trademark notice. No right, title or interest in any downloaded Content or material is transferred to you as a result of this license. SILG, INC. reserves complete title and full intellectual-property rights in any and all Content you download from the Website, subject to the limited license set forth herein for you to make personal, non-commercial use of the Content. You may not mirror or frame the home page or any other pages of this Website on any other website. In addition, all page headers, custom graphics, button icons and scripts are the intellectual property of SILG, INC. and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of SILG, INC. You may not create links to this site that bypass the home page or other parts of the Website. You may not use any of the marks or logos appearing throughout the Website without express written consent from the trademark owner, except as permitted by applicable law. SILG, INC. will enforce its intellectual property rights to the fullest extent of the law.
Transactions for the purchase or sale of goods or services facilitated by use of the Website will be governed by the Terms and Conditions of Sale unless specifically stated otherwise in a particular area of the Website. No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon SILG, INC. unless agreed to by SILG, INC. in writing. SILG, INC. reserves the right, without prior notification and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone. Please review our Terms and Conditions of Sale before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Terms and Conditions of Sale.
DISCLAIMER OF WARRANTIES
SILG, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATION, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. SILG, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT WITH REGARD TO THE WEBSITE, THE SERVICE, AND THE CONTENTS. SILG, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. SILG, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(a) Reliance on Advice/Information. No advice or information, whether oral or written, obtained from you by SILG, INC. or through or from our Website, shall create any warranty. Advice or information received by means of our Website should not be relied upon for significant personal, business, medical, legal or financial decisions and you should consult a professional for advice tailored to your specific situation.
(b) Downloading Files. SILG, INC. cannot and does not guarantee or warrant that files available for downloading or otherwise obtained through the Website will be free from infection by software viruses or other harmful computer code, files or programs. All risk as to the quality and performance of the Website and the Service and the accuracy of the Content shall be borne solely by you.
(c) International Use. SILG, INC. makes no representation that the Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
(d) Third Party Links. Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by SILG, INC. of the third party, the third-party website, or the information contained therein, unless expressly stated on the Website. You acknowledge and agree that SILG, INC. is not responsible for the availability of any such web sites and that SILG, INC. does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site.
(e) Third Party Contents. The Website may contain information or contents provided by third parties not related to SILG, INC. The presence of such third party information and contents does not constitute or imply an endorsement, sponsorship, or recommendation by SILG, INC. of the third party or such information or contents. You acknowledge and agree that SILG, INC. is not responsible for availability of any such information or contents and that SILG, INC. does not endorse or warrant, and is not responsible or liable for, any such information or contents.
LIMITATION OF LIABILITY
You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Contents. You agree not to add to, subtract from, or otherwise modify the Contents. You agree not to use the Website in any manner that might interfere with the rights of third parties.
(b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. SILG, INC. therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. SILG, INC. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
(d) Choice of Law. This Agreement shall be governed by, and will be interpreted according to the laws of the State of Georgia, U.S.A., without regard to any conflict of laws provisions.
(e) Dispute Resolution/Choice of forum. Any controversy, claim, or dispute of whatever nature arising between the parties (a "Dispute"), including, without limitation, a Dispute arising out of, or having to do with the Website or this Agreement, shall be resolved by binding arbitration in Gwinnett County, Georgia. The arbitration shall be undertaken pursuant to the substantive laws of the State of Georgia and the Federal Arbitration Act, and the decision of the arbitrator(s) shall be enforceable in any court of the competent jurisdiction. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. Any party may demand arbitration as provided above by sending written notice to the other party. The arbitration and the selection of the arbitrator(s) shall be resolved by binding arbitration in accordance with the following procedure: Either (I) SILG, INC. and buyer shall mutually select an arbitrator (II) If Parties cannot agree on such arbitrator, you and SILG, INC., shall each select one arbitrator, who shall both be retired judges of state or federal courts and those two arbitrators shall then select a third arbitrator, who shall be a retired judge of a state or federal court. All arbitration proceedings shall be conducted under the auspices of the American Arbitration association, under its commercial arbitration rules. The Parties hereto agree that the arbitrator's ruling in the arbitration shall be binding and final and not subject to appeal or challenge. The Parties hereto further agree that the arbitration proceedings, testimony, discovery, documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, and the outcome, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the Parties’ attorneys and their staff, and any experts retained by the Parties. Not withstanding the above, nothing in this paragraph or in any of the applicable rules of the American arbitration Association shall prevent SILG, INC. from seeking emergency, provisional, or summary relief outside of arbitration, including but not limited to equitable and/or injunctive relief, pending the arbitrator's final decision. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in Gwinnett County, Georgia, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose. Arbitration is the sole exclusive remedy of the parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of Georgia without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws.
SILG, INC. is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
SILG, INC. may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from December 1, 2015.
What we collect
We may collect the following information:
name and job title
contact information including email address
demographic information such as postcode, preferences and interests
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
Security. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
GENERAL TERMS AND CONDITIONS OF SALE
ACCEPTANCE OF TERMS AND CONDITIONS.
Your submission of an order for any of the products provided by SILG, INC. shall constitute acceptance by you (“Buyer”) of the Terms and Conditions contained herein (the “Terms and Conditions”), which shall control the transactions between SILG, INC. and Buyer. These Terms and Conditions shall not be superseded by any provisions that may be contained in any purchase order or other documentation that may at any time be submitted by Buyer unless specifically agreed to in writing by SILG, INC. Any resulting contract is for the benefit of the parties hereto and not for any other person. Buyer may not delegate its performance, or assign or transfer its rights or obligations under these Terms and Conditions, without express written consent of SILG, INC.
ACCEPTANCE OF ORDER.
An order, whether on SILG, INC.’s Website, or purchase order from Buyer, is not binding upon SILG, INC. until accepted in writing by SILG, INC. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order.
We maintain a minimum purchase requirement for all our clients of 40 units per model. Customized orders may vary on price. Silg Inc. utilizes superior craftsmanship, therefore Silg Inc. may take up to 45 days from the purchase order date to process and ship your order.
IMAGES AND TEXT.
If you have a buyer account open with us, you may use any images or pictures from our Website as part of your marketing of SILG, INC. products. Image and picture resizing is allowed only if proportion is maintained. All images, pictures remain the exclusive property of SILG, INC. If the images pictures contain a trademark copyright symbol, you must also display the symbol in your marketing materials.
All promotions shared on the SILG, INC. pages are limited exclusively to SILG, INC. products.
Buyer exclusivity in any geographic location world-wide is not granted to any authorized buyers at this time due to logistics and enforcement costs.
As an authorized buyer of SILG, INC. your sales are limited solely to retail customers. Sale to other businesses, distributors and /or buyers is strictly prohibited. SILG, INC. maintains a high level of customer service for both its retail customers and its authorized buyers, and therefore it is essential that the company maintains full accountability for all buyers world-wide. If your are closing your store, please contact us about liquidating your inventory.
SILG, INC. DOMAIN NAMES.
SILG, INC. retains the right to all SILG, INC. trademarked names. The use of SILG, INC. domain names is prohibited without consent. If you are interested in the use of domain names which include the name of SILG, INC. for your specific region, please contact SILG, INC. to obtain approval.
All Buyers must sell SILG, INC. products for no less than the country applicable MSRP. If found to be selling otherwise, the buyer’s contract with SILG, INC. maybe subject to termination. If you are an authorized retailer, you may request a waiver of this policy to be reviewed at SILG, INC.'s discretion. Any waiver granted by SILG, INC. will be in writing, no oral waiver will be granted.
. Buyer agrees to make a non-refundable payment of 30% with the purchase order and the remaining 70% before shipping. “Payment in full” shall include all amounts due to SILG, INC. from Buyer that are related to the product, including but not limited to the price of the product itself, and all taxes, customs charges, delivery charges, and any and all other amounts owed by Buyer to SILG, INC. in any manner associated with the product. At SILG INC.'s discretion, SILG, INC. may charge a late fee if payment in full is not provided when payment is due.
Orders may not be canceled by Buyer, except upon express agreement of Buyer to pay for all expenses incurred by SILG, INC. and a reasonable projection for profit, as determined by SILG, INC.
All purchases are final sale and absolutely no returns or exchanges will be accepted unless Products are damaged, incorrect, or defective as outlined below. Buyers are ultimately responsible that the product purchased will fit their intended application.
Shipment dates are approximate and are based upon prompt receipt from Buyer of full payment and all necessary information.
International shipment options are negotiated by location, size and weight of the order. ALL taxes levied by your country are your responsibility, and are not included in the shipping cost. SILG, INC. will pay duties charged.
We will gladly accept returns for damaged, incorrect, or defective products, as outlined below, as long as products have not been used, are in original manufacturer packaging, and are in New Resalable Condition.
You will have the option to receive either 100% in credit (minus shipping fees) or you can choose to receive a refund in full if it is an Incorrect, missing or defective product. Otherwise you will receive your refund with a 20% restocking fee deducted and minus shipping fees. Please understand that the cost of shipping will not be refunded
It is the Buyer’s responsibility to pay for return shipping if the returns for another reason apart from incorrect, missing, or defective product. It is the Buyer’s responsibility to make sure that the shipment is packaged “appropriately” (according to UPS guidelines) to prevent damages.
Please contact SILG, INC. for a Return Merchandise Authorization (RMA) and an RMA number will be issued and directions on how to return the item will be provided. In order to receive a replacement immediately, the Buyer will be asked to provide payment information once again and place another payment, which will be credited once the return is finalized.
SILG, INC. performs a thorough inspection of the items returned to confirm that the return is delivered as expected. Discrepancies found with what is explained to SILG, INC. may result in a refusal of the return.
Only when a return is confirmed by SILG, INC. are we able to issue the appropriate credit back to the Buyer.
Written notice of Buyer’s rejection of the Products or claim of shortages, and/or damaged material must be delivered to SILG, INC. within a period of time not to exceed two (2) days after the Products arrive at the destination specified in the Order. Due to insurance requirements, all claims for shortages and/or damaged material must be supported by written exceptions by Buyer or Buyer’s representative on the delivery documents at the time of delivery or pick-up. Failure to take exceptions against the carrier for short delivery and/or damages shall constitute a waiver of such claims.
INCORRECT/ MISSING PRODUCT.
If you receive an incorrect item due to a shipping error or if your order is incomplete, please call customer service to report the error for resolution within a period of time not to exceed two (2) days after the Products arrive at the destination specified in the Order. The customer service supervisor is required to gather the order information, such as total weight of the package delivered and total expected weight, and investigate to confirm the Buyer’s claim. Once the error is confirmed, a Return Merchandise Authorization (RMA) number will be issued and directions on how to return the item will be provided. If the order was shipped incompletely, the customer will be sent the remainder of the items that were missing from the shipment. In order to receive a replacement, the Buyer will be asked to provide payment information once again. If the Buyer decides to cancel the return, the charge for the old and new shipments will remain. Although it is our responsibility to pay for the return shipping of the item, please remember that any damages that occur during the return shipping due to “insufficient packaging” (according to UPS guidelines) will be subject to refusal and a void of the RMA.
If you receive a defective item, please call customer service to report the error for resolution within a period of time not to exceed fifteen (15) days after the Products arrive at the destination specified in the Order. SILG, INC. will investigate to confirm the Buyer’s claim. A Return Merchandise Authorization (RMA) number will be issued and directions on how to return the item will be provided. The Returns Department performs a thorough inspection of the items returned to confirm that the item is defective. If it is determined that the item is: not defective, still in working order or damaged as a result of improper handling; the RMA will be canceled. The item will be shipped back to the customer and the shipping cost will be charged to the customer’s credit card.
On most items, if it is within the 15-day return period, we will issue an RMA number and the customer will be asked to provide his/her credit card information once again. If the customer decides to cancel the return, the charge for the old and new shipments will remain on the credit card. Any damages that occur during the return shipping due to “insufficient packaging” (according to UPS guidelines) will be subject to refusal and a void of the RMA.
REPLACEMENT OF PRODUCT. Replacements for incorrect, missing, or defective product are subject to availability.
LIMITATION OF WARRANTY.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, THAT EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS IN THE ORDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND SILG, INC. SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. However, SILG, INC. warrants that the Products delivered shall conform to the grade and quantity specified in the Order. As with any product, normal wear and tear should be expected with use over time. Leather is a natural product and the grains, folds, wrinkles, color, and scars give leather its characteristics.
LIMITATION OF LIABILITY.
SILG, INC.’S LIABILITY SHALL BE LIMITED TO THE COST OF REPLACING PRODUCTS TO THE POINT OF DELIVERY AS SPECIFIED IN THE ORDER WITHIN A REASONABLE PERIOD OF TIME FOLLOWING PROPER AND TIMELY REJECTION BY BUYER. UNDER NO CIRCUMSTANCES SHALL SILG, INC. BE LIABLE TO BUYER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OF ANY NATURE WHATSOEVER, ARISING FROM NONCONFORMITY OF PRODUCTS OR DELAY IN SHIPMENT, OR ANY OTHER BREACH BY SILG, INC. SILG, INC. will in no event be liable to or otherwise responsible to any other party hereto or any beneficiary hereof for any loss of profits, diminution in value, or incidental, indirect, consequential, special, exemplary or punitive damages that arise out of or relate to this agreement or the performance or breach hereof or otherwise and whether in contract, tort, strict liability, or other legal theory. Such damages include, but are not limited to: loss of profits; loss of savings or revenues; cost of capital; the claim of third parties, including customers of Buyer; injury to property; and injury to persons.
If SILG, INC.’s ability to perform its obligations to Buyer is limited, delayed, or prevented in whole or in part by any event or condition not reasonably within the control of SILG, INC. or its suppliers, including, but not limited to, flood, unusually severe weather, earthquake or other act of God, war, civil strife, power loss, strike, boycott, or other labor unrest, embargo, governmental regulation, transportation delays, or an inability or delay in obtaining materials, or by any law, rule, regulation, order, or any other action of any public authority, SILG, INC. shall be excused, discharged, and released of performance to the extent such performance is so limited, delayed, or prevented, without liability of any kind. In the event of any such delay, SILG, INC. shall have such additional time within which to perform its obligations hereunder as may be reasonably necessary under the circumstances.
TO THE EXTENT PERMITTED BY LAW, BUYER SHALL INDEMNIFY, DEFEND AT ITS EXPENSE, AND HOLD SILG, INC. HARMLESS, FROM ANY LIABILITIES, COSTS AND CLAIMS, INCLUDING JUDGMENTS RENDERED AGAINST, AND FINES AND PENALTIES IMPOSED UPON, SILG, INC. AND REASONABLE ATTORNEYS' FEES AND ALL OTHER COSTS OF LITIGATION, ARISING OUT OF THE ORDER, INCLUDING INJURIES, DISEASE OR DEATH TO PERSONS, OR DAMAGE TO PROPERTY, INCLUDING CLAIMS IN ANY WAY ATTRIBUTABLE TO THE PERFORMANCE OF THE ORDER. TO THE EXTENT PROVIDED IN THIS SECTION, BUYER EXPRESSLY AGREES TO INDEMNIFY SILG, INC. FOR SILG, INC.’S ACTS AND OMISSIONS, NEGLIGENT OR OTHERWISE. IN ADDITION, BUYER SHALL PAY SILG, INC.'S REASONABLE ATTORNEYS’ FEES AND ALL COSTS OF LITIGATION ASSOCIATED WITH ENFORCEMENT OF THE OBLIGATION SET FORTH IN THIS SECTION.
In the event that the Buyer is unable to resolve any dispute informally, then such dispute shall be submitted to final and binding arbitration. THE BUYER HERETO AGREES THAT ANY AND ALL DISPUTES OR CONTROVERSIES ARISING UNDER THIS AGREEMENT OR ANY OF ITS TERMS, ANY EFFORT BY ANY PARTY TO ENFORCE, INTERPRET, CONSTRUE, RESCIND, TERMINATE OR ANNUL THIS AGREEMENT, OR ANY PROVISION THEREOF, AND ANY AND ALL DISPUTES OR CONTROVERSIES RELATING TO THE PRODUCT, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FOLLOWING PROCEDURE: EITHER (I) SILG, INC., ON THE ONE HAND, AND BUYER, ON THE OTHER HAND, SHALL MUTUALLY SELECT AN ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT OR (II) IF WE CANNOT AGREE ON SUCH ARBITRATOR, SILG, INC. ON THE ONE HAND, AND BUYER, ON THE OTHER HAND, SHALL EACH SELECT ONE ARBITRATOR, WHO SHALL BOTH BE RETIRED JUDGES OF STATE OR FEDERAL COURTS AND THOSE TWO ARBITRATORS SHALL THEN SELECT A THIRD ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, UNDER ITS COMMERCIAL ARBITRATION RULES. THE PARTIES (SILG, INC. AND BUYER) HERETO AGREE THAT THE ARBITRATOR’S RULING, OR ARBITRATORS’ RULING, AS APPLICABLE, IN THE ARBITRATION SHALL BE FINAL AND BINDING AND NOT SUBJECT TO APPEAL OR CHALLENGE. THE PARTIES HERETO FURTHER AGREE THAT THE ARBITRATION PROCEEDINGS, TESTIMONY, DISCOVERY AND DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, INCLUDING THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, WILL BE TREATED AS CONFIDENTIAL AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY TO SUCH PROCEEDINGS, EXCEPT THE ARBITRATOR(S) AND THEIR STAFF, THE PARTIES’ ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PARAGRAPH OR IN ANY OF THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION SHALL PREVENT SILG, INC. FROM SEEKING PROVISIONAL RELIEF OUTSIDE OF ARBITRATION, INCLUDING BUT NOT LIMITED TO EQUITABLE AND/OR INJUNCTIVE RELIEF, PENDING THE ARBITRATOR’S FINAL DECISION. All arbitration proceedings and hearings shall be held in Atlanta, Georgia. Arbitration is the sole exclusive remedy of the parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of Georgia without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws.
The validity, construction, and performance of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to choice of law principles.
CHOICE OF VENUE.
Subject to the provisions of Section 11 of these Terms and Conditions, each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in Gwinnett County, Georgia, in any action relating hereto or to the subject matter hereof. Buyer also waives any defense of lack of jurisdiction if any such action is initiated in Gwinnett County, Georgia.
In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms and Conditions shall remain in full force and effect.