7. Agreement to Arbitrate
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, a “Dispute”) will be settled by binding arbitration between you and Savoya, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You and Savoya agree that any claim, action or proceeding arising out of or related to a Dispute must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SAVOYA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect. Unless you and Savoya otherwise agree, the arbitration will be conducted in Dallas, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Savoya submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
8.1 Notice. Savoya may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Savoya, with such notice deemed given when received by Savoya, at any time by first class mail or pre-paid post to Savoya, Attn: Robert Dobrient, 1845 Woodall Rodgers Freeway, Suite 1700, Dallas, Texas 75201.
8.2 Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to any conflict of law principles.
8.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
8.4 No Waiver. Savoya’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Savoya in writing.
8.5 No Agency. No joint venture, partnership, employment, or agency relationship exists between you, Savoya or any Third Party Provider as a result of this Agreement or use of the Services.