Terms of Service

PLEASE NOTE THAT ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING BETWEEN YOU AND HOMETOWN WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR AS IT RELATES TO PROVISIONAL OR INJUNCTIVE RELIEF). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED ARBITRATION AGREEMENT FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY AND ALL DISPUTES WITH COMPANY.

These terms and conditions of use (the “Terms”) govern your use of our online interfaces and properties (e.g., websites, apps) (collectively, the “Sites”), any of the “Services” that we provide, as well as to your interaction with us elsewhere. Please read these Terms carefully before using these Sites. The Sites are owned or controlled by Hometown Ticketing Inc. (“Hometown”). By accessing these Sites in any way, including, without limitation, browsing this Sites, using any information, and/or submitting information to Hometown , or interacting with us in any other way, you (“You” or “Client”) agree to and are bound by the terms, conditions, policies, and notices contained in the Terms. From time to time, we may
update these Sites and these Terms. Your use of this Sites after we post any changes to these Terms constitutes your agreement to those changes. This Sites is offered and available to users who are at least 13 years or older (or over the legal age of majority in your jurisdiction). By using these Sites, you (or your parent or legal guardian if you are not an age of majority) represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Sites. Our Services may include the following:

• Hometown Box Office: Digital Ticketing and Event Management: Digital ticketing and event management services that enable supporters to purchase tickets, participate, and gain access to events and activities tools to provide cashless, paperless, and pre-sale ticketing options for all types of events and admissions Box Office software for athletic directors, activity directors, and administrators to customize, manage, monitor, and facilitate events with comprehensive reporting.
• Schoolfundr and Schoolfundr+ Online Fundraising: No-cost online fundraising platform that easily connects your programs and students to potential donors. Customized and personalized campaign pages tailored to each program and participant. One-click social sharing for easy and seamless fundraiser promotion.
• Schoolfundr+: a no-cost oversight and analytics offering for athletic directors and administrators to monitor and gain visibility into all the fundraising efforts at their school or district.
• Hometown Engage: Athletic Website: A streamlined, simple, and easy to use, no-cost athletic website solution. A single platform to house essential information for your department, including key resources, schedules, and links to purchase tickets.

Privacy

Please also consult our Privacy Policy for a description of our privacy practices and policies. Our Privacy Policy is a part of these Terms, and you agree to our use and sharing of the information we collect about you as described in here and in our Privacy Policy.

Ownership of the Site

Content on these Sites that is provided by Hometown or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Hometown Content") is the property of Hometown and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Hometown Content located on the Sites for use in any publications, in public performances, on websites other than this Sites for any other commercial purpose, in connection with products or services that are not those of Hometown, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Hometown and/or its licensors, that dilutes the strength of Hometown or its licensor's property, or that otherwise infringes Hometown or its licensors’ intellectual property rights. You further agree to in no other way misuse any Hometown Content or third-party Content that appears on this Sites.

Site Access and Restrictions

The following requirements apply to your use of the Sites: (a) you will not use any electronic communication feature of the Sites for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data
about other users; (d) you will not use the Sites for any commercial purpose not expressly approved by Hometown in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Sites, deep-link to any feature or content on the Sites, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Violations of system or network security may result in civil or criminal liability. Hometown will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of these Sites or any activity being conducted on these Sites.

User Content; Reviews; Feedback and Other Postings

Our Site permits you to submit your personal information, data and information related to you, photos, videos, ideas, suggestions, documents, proposals, written posts and certain other information and materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Hometown ; that you will not post any content that
contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Hometown, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Sites, or feature of the Sites. Hometown may cancel your account and delete all User Content associated with your account at any time, and without notice, if Hometown deems that you have violated these Terms, the law, or for any other reason. Hometown assumes no liability for any information removed from our Sites and reserves the right to permanently restrict access to the Sites or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Sites, you hereby grant to Hometown a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs.

You represent and warrant that (i) you own the User Content submitted, displayed, published or posted by you on the Sites and otherwise have the right, authority or permissions to grant the license set forth herein, (ii) the User Content was collected in accordance with applicable laws, rules, and regulations, and (iii) the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

Hometown does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Hometown without the prior review and written approval of Hometown.

You agree to indemnify and hold Hometown, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Privacy Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Hometown or these Sites.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Hometown respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Hometown’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Sites

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   "I hereby state that I have a good faith belief that the disputed use of the copyrighted
   material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair
   use)."
   "I hereby state that the information in this Notice is accurate and, under penalty of
   perjury, that I am the owner, or authorized to act on behalf of the owner, of the
   copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent:
   

‍Accounts. In order for Clients to list or sell tickets for an event, and/or accept payment from purchasers through use of our services, they must register an account. Purchasers can choose to register an account, but it is not required. When opening an account you must provide complete and accurate information including but not limited to your full name, address, phone number, email address and payment method. If your registration or payment information changes at any time, you must promptly update your details in your account. You acknowledge that we may charge any one of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of these Terms. We reserve the right to temporarily or permanently suspend accounts with incomplete or inaccurate information. You are solely responsible for maintaining the confidentiality of your account information and password. You are solely responsible for any activity relating to your account. Your account is not transferable to another party.

Responsibilities. Client will: (a) be responsible for the safety and operation of its events, including implementing any refund policies and issuing refunds to ticketholders, (b) use commercially reasonable efforts to prevent unauthorized access to or use of services, and notify Hometown promptly of any such unauthorized access or use, (c) use services only in accordance with these Terms and all applicable laws and regulations (d) be responsible for its ticketholders’ compliance with these Terms and all applicable laws and regulations, and (e) comply with any documentation. Any use of the services in breach of the foregoing by Client or purchasers that in Hometown’s judgment threatens the security, integrity or availability of the Sites or services, may result in Hometown’s immediate suspension of the Sites or services, however, where practicable, Hometown will use commercially reasonable efforts under the circumstances to provide Client with notice and an opportunity to remedy such violation or threat prior to any such suspension.

Ticketholder Agreement. Ticketholders will be obligated to agree to Hometown’s user terms and conditions, specifying such Ticketholders’ rights and obligations with respect to their use of the Services. The current version of the Ticketholder Agreement is available here.

Site Accuracy
Although we intend to provide accurate and timely information on the Sites, the Sites (including, without limitation, the Hometown Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. We have made reasonable efforts to accurately display colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. The information published on the Sites is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible,
information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Sites are your sole responsibility and we shall have no liability for such decisions.

Note that the Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

You agree that Hometown does not set the prices for tickets, merchandise or other services. Hometown has no control over and does not guarantee the safety or legality of the tickets, merchandise or other services; the truth or accuracy of the content or listings; or the ability of a seller to sell tickets, merchandise or other services, or your ability to pay for them. In no event shall Hometown be responsible for the provision of tickets, merchandise or other services.

Third Party Websites
These Sites may hyperlink to sites not maintained by or related to Hometown. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with these Sites or Hometown, and Hometown makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from these Sites is subject to the terms of that site's privacy policy, and Hometown has no control over how your information is collected, used, or otherwise handled.

Disclaimer of Warranties
THESE SITES IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SITES OR ANY INFORMATION OR SOFTWARE THEREIN.
Hometown makes no representations about the reliability of the features of this Sites, the Hometown Content, User Content, or any other Sites feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.
Hometown makes no representations regarding the amount of time that any Hometown Content or User Content will be preserved.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SITE-RELATED SERVICES, AND LINKED WEBSITES. HOMETOWN DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY HOMETOWN ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HOMETOWN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITES, NOR SHALL HOMETOWN BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HOMETOWN’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL HOMETOWN OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, EVEN IF HOMETOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Export Policy and Restrictions
You acknowledge that the products and Hometown Content which are sold or licensed on the Sites, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing products, downloading or using technology or software from the Sites, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and
the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions are maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Hometown from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

Information Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at legalnotices@hometown.com of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and
completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration Agreement & Waiver of Certain Rights
You and Hometown agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Hometown or you and a third-party agent of Hometown (a "Claim") through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available
at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any
conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at to Hometown Ticketing, LLC, 4305 W Dublin Granville Road Dublin, OH 43017 Attention: Legal Department. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.

Any party to the arbitration may serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hometown will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Hometown from seeking action by federal, state, or local government agencies. You and Hometown also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then
proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Hometown retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Hometown may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Hometown’s individual Claims.

If for any reason a Claim proceeds in court rather than in arbitration, you, and Hometown each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief
must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HOMETOWN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against Hometown at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), yo understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Hometown. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individualarbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Hometown will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration
proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Hometown (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Hometown will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding "Mass Arbitration Process Requirements" from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Hometown. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Governing Law
These Terms will be governed by and construed in accordance with the internal laws of Ohio without regard to conflicts of laws principles. By using these Sites, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Ohio. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THESE SITES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

Termination
Hometown may, in its sole discretion, and at any time, discontinue this Sites or any part thereof, with or without notice, or may prevent your use of this Sites with or without notice to you. You agree that you do not have any rights in this Sites and that Hometown will have no liability to you if this Sites is discontinued or your ability to access the Sites or any content you may have posted on the Sites is terminated.

Other Terms
Any other terms of sale or return and warranty policies on our Sites are hereby incorporated by reference into these Terms.

Assignment
Hometown may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void.

Miscellaneous
These Terms constitute a binding agreement between you and Hometown and is accepted by you upon your use of the Sites or your account. These Terms constitute the entire agreement between you and Hometown regarding the use of the Sites and your account. Both you and Hometown acknowledge and agree that no partnership is formed and neither of you nor Hometown has the power or the authority to obligate or bind the other. If Hometown fails to act with respect to your breach or anyone else's breach on any occasion, Hometown is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.