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Terms of Use

Effective Date: January 1, 2017

These Terms of Use (“Terms”) apply to your interactions with TPI, LLC, including, without limitation, your interaction with TPI, LLC at www.greatshotgolf.com or any other websites, applications, online services, or interactive features or downloads that post these Terms, however accessed (“TPI, LLC”). THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing or using any of the TPI, LLC or otherwise interacting with TPI, LLC. Please also review the TPI, LLC Privacy Policy. If you are accessing or using a TPI, LLC Service on behalf of your employer, you hereby represent and warrant that you are authorized to enter into this Agreement on behalf of that employer and you agree to be personally liable for all damages incurred if you are not authorized to do so.

Arbitration Notice: Except for certain types of disputes described in the LEGAL DISPUTES/ARBITRATION section below, you agree that disputes between you and TPI, LLC will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

There may be times when we offer special features that have their own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.

Your Account

Certificates of Participation

Participating Member of TPI

Use of a TPI, LLC Service

Sales Policies

Account Cancellation and Termination

Restrictions on Use

Our Content

Your Content

Do Not Send Us Your Ideas

Reporting Copyright and Other Intellectual Property Violations

Third Party Links, Content and Applications

Linking Policy

Indemnification

Disclaimers

Limitation of Liability

No Third Party Beneficiaries

Location and Territorial Restrictions

Legal Disputes/Arbitration

Assignment

No Waiver

Severability

Our Right To Update These Terms

Entire Agreement



Your Account.

You may be able to create an account on a TPI, LLC site. Only you are authorized to use your account login credentials in connection with a TPI, LLC Service. You may only have one account for use of a TPI, LLC Service. You are solely responsible for maintaining and protecting the confidentiality of your login credentials, and are fully responsible for all activities that occur under those credentials. You agree you that you will not sell or otherwise transfer your account or any rights you have as an account holder. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. We reserve the right to terminate your account or otherwise deny you access to a TPI, LLC Service in our sole discretion without notice and without liability. If your account is terminated or suspended, or you or we terminate these Terms, you will no longer have access to your account or any associated profile, transaction history or other information contained within your account profile or history. By creating an account on a TPI, LLC Service, you warrant and represent that that all information you provide to us is and will remain complete and accurate.

Certificates Of Participation.

Any Certificate of Participation issued to you by TPI, LLC as a result of you placing an order for benefits via a TPI, LLC Service will be governed by both these Terms (including the Sales Policies) and the Terms and Conditions included with the Certificate of Participation; however, in the event of a conflict between these Terms and the applicable Certificate of Participation, the Certificate of Participation will control.

Participating Member Of TPI, LLC.

You (or, as applicable, your employer) must become a Participating Member of TPI, LLC before you/it can be issued a Certificate of Participation from TPI, LLC. You will be prompted to confirm joining as a Participating Member of TPI, LLC during the Certificate of Participation application process.

Use Of A TPI, LLC Service.

Although you may order benefits and materials to help promote a contest via a TPI, LLC Service, you agree that we are not responsible for any aspect of your contest or related events.

Sales Policies.

Please see our Sales Policies for information on fees, pricing, cancellations and refunds applicable to your purchase of services and goods available on a TPI, LLC Service. You agree to our Sales Policies when you place an order via a TPI, LLC Service.

Account Cancellation And Termination.

You may cancel or terminate your account or your membership in the TPI, LLC by calling 1.800.988.0087 at any time and indicating your intention to cancel or terminate. We may terminate these Terms at any time by either discontinuing the TPI, LLC Service, or for your violation of any of the terms and conditions of these Terms. Any obligations and duties that, by their nature, extend beyond the expiration or termination of these Terms will survive the expiration or termination of these Terms. If your account or membership in the TPI, LLC are canceled or terminated prior to an event, any Certificate of Participation for that event will be automatically canceled.

Restrictions On Use. You Agree Not To:

Sell, auction or otherwise transfer coverage or materials you order on a TPI, LLC Service.
Use a TPI, LLC Service to provide services to any third party as a service bureau or agency without our prior express consent.
Frame any TPI, LLC Service without our prior express consent.
Use any manual or automated process, including, without limitation, robots, spiders or scrapers to access, copy, monitor or mine a TPI, LLC Service for any purpose without our prior express written permission except as may be a result of standard search engine or Internet browser usage.
Take any action that causes a TPI, LLC Service to cease working properly.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of a TPI, LLC Service.
Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to a TPI, LLC Service or any software or code contained therein.

Our Content.

Unless otherwise explicitly specified by TPI, LLC, all materials that are included in or are otherwise a part of a TPI, LLC Service, including past, present and future versions, domain names, source and object code and the “look and feel” of a TPI, LLC Service (“TPI, LLC Content”) are owned, controlled or licensed by TPI, LLC, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. TPI, LLC Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of TPI, LLC and as is expressly provided in these Terms. Any unauthorized use of TPI, LLC Content is prohibited.

Your Content.

Your Certificate of Participation from TPI, LLC may require you to memorialize your contest via video and photographs (collectively, “Recordings”) and provide those Recording to TPI, LLC. For all Recordings you provide to TPI, LLC, you grant TPI, LLC and its licensees a worldwide license to use and exploit the Recordings for advertising and marketing purposes and, by delivering the Recordings to TPI, LLC, you represent and warrant that you have secured the same rights (including publicity rights) from the person who shot the Recordings and from the people who appear in the Recordings. You agree to provide TPI, LLC proof of securing those rights upon request.

Do Not Send Us Your Ideas.

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TPI, LLC does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.

Reporting Copyright And Other Intellectual Property Violations.

You may not use a TPI, LLC Service for any purpose or in any manner that infringes the rights of any third party. TPI, LLC encourages you to report any content on a TPI, LLC Service that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a TPI, LLC Service infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), TPI, LLC has a designated agent for receiving notices of copyright infringement and TPI, LLC follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TPI, LLC’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on a TPI, LLC Service violates your rights other than copyrights, please provide TPI, LLC with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding the TPI, LLC Service or other complaint regarding alleged violation of rights to TPI, LLC’s copyright agent, who can be reached as follows:

Name: Copyright Agent

Mailing Address: 11150 Chicago Drive Suite B Zeeland MI 49464


E-mail Address: This email address is being protected from spambots. You need JavaScript enabled to view it.

NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

TPI, LLC will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

Third Party Links, Content And Applications.

There may be links from a TPI, LLC Service, or from communications you receive from us, to third party web sites or online features. A TPI, LLC Service also may include third party content that we do not control, maintain or endorse. Functionality on a TPI, LLC Service may also permit interactions between a TPI, LLC Service and a third party website or online feature, including applications that connect a TPI, LLC Service or your profile on a TPI, LLC Service with a third party site, service, application or other online feature. For example, a TPI, LLC Service may include a button enabling you to indicate, on your social networking page, that you “like” a TPI, LLC Service, or a feature that lets you post to your social networking page a link to a TPI, LLC Service, or the ability to share content from a TPI, LLC Service or your Content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. Your correspondence and business dealings with third parties found through a TPI, LLC Service including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party.

Linking Policy.

We grant you the revocable permission to link to a TPI, LLC Service; provided, however, that any link to a TPI, LLC Service: (a) must not frame or create a browser or border environment around any of the content of a TPI, LLC Service or otherwise mirror any part of a TPI, LLC Service; (b) must not imply that we or a TPI, LLC Service are endorsing or sponsoring any third party or its products or services, unless we have given the third party prior written consent; (c) and surrounding content must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or our products or services; (d) must not use any of our trademarks without our prior written permission; (e) must not contain or appear on the same page as content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a TPI, LLC Service, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, TPI, LLC reserves the right to prohibit linking to a TPI, LLC Service for any reason in our sole and absolute discretion.

Indemnification.

You agree to defend, indemnify and hold us and TPI LLC, Association Benefit Services, LLC, and any other third party selling or fulfilling benefits through the TPI, LLC Services, and its and our employees, managers, officers, agents and vendors (collectively, the “TPI, LLC Parties”) harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of a TPI, LLC Service or activities in connection with a TPI, LLC Service; (b) your breach or alleged breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) the TPI, LLC Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by the TPI, LLC Parties in the defense of any claim. The TPI, LLC Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the TPI, LLC Parties.

Disclaimers.

YOU AGREE THAT THE TPI, LLC SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TPI, LLC PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE TPI, LLC SERVICE; OR (B) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE TPI, LLC PARTIES OR VIA THE TPI, LLC SERVICE. IN ADDITION, THE TPI, LLC PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE TPI, LLC PARTIES DO NOT REPRESENT OR WARRANT THAT THE TPI, LLC SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE TPI, LLC SERVICES OR THE SERVERS THAT MAKE THE TPI, LLC SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE TPI, LLC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE TPI, LLC SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE TPI, LLC SERVICES ARE AT YOUR SOLE RISK. THE TPI, LLC PARTIES DO NOT WARRANT THAT YOUR USE OF THE TPI, LLC SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TPI, LLC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

Limitation Of Liability.

UNDER NO CIRCUMSTANCES WILL THE TPI, LLC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A TPI, LLC SERVICE; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A TPI, LLC SERVICE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TPI, LLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A TPI, LLC SERVICE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN A TPI, LLC SERVICE; (F) THE ACTS OR OMISSIONS OF PARTICIPANTS AT A CONTEST OR EVENT; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TPI, LLC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A TPI, LLC SERVICE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TPI, LLC PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TPI, LLC’s ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE TPI, LLC PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE TPI, LLC PARTIES.

No Third Party Beneficiaries.

Nothing expressed or implied in these Terms is intended to confer upon any person other than the parties and their respective successors or permitted assigns, any rights, remedies, obligations or liabilities whatsoever.

Location And Territorial Restrictions.

The information provided through the TPI, LLC Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the TPI, LLC Services from offices located in the United States and make no representations or warranties that the use of the TPI, LLC Services are appropriate for use or access in other locations. Anyone using the TPI, LLC Services from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the TPI, LLC Services or any portion of a TPI, LLC Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by a TPI, LLC Service may be subject to United States export controls. Thus, no software from a TPI, LLC Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to a TPI, LLC Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Legal Disputes/Arbitration.

If a dispute arises between you and TPI, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of these Terms or a TPI, LLC Service (a “Claim”) in accordance with the subsections below.

General. You and TPI, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and TPI, LLC 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. Further, unless both you and TPI, LLC otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes/Arbitration” section will be deemed void. This “Legal Disputes/Arbitration” section will survive any termination of these Terms. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the Your Content provisions of these Terms (collectively, “Excluded Disputes”).
Arbitration Rules, Governing Law, Jurisdiction and Venue. 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, except as modified by this Section of these Terms. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action taken in a small claims court as contemplated by these terms will be the courts located in the State of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (The AAA provides form Demands for Arbitration at www.adr.org). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and TPI, LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TPI, LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision . The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the Limitation of Liability section of these Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney's’ fees and expenses, to the extent provided under applicable law. TPI, LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, TPI, LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. If TPI, LLC changes this Legal Disputes/Arbitration section, you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective Date ” date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TPI, LLC in accordance with the provisions of this Section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Venue. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Kent County, Michigan and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Assignment.

In our sole discretion, we may assign these Terms without notice to you. You may not assign these Terms without our prior written consent.

No Waiver.

The waiver by either party of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights.

Severability.

If any term of these Terms is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect.

Our Right To Update These Terms.

We reserve the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on a TPI, LLC Service so that they are accessible via a link on the home page, and that your use of a TPI, LLC Service after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a TPI, LLC Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a TPI, LLC Service from that point forward.

Entire Agreement.

These Terms constitutes the entire agreement between you and TPI, LLC with respect to your use of the TPI, LLC Services and supersedes all prior agreements, proposals, negotiations, representations or communications.