Terms and Conditions
1. CONTACT INFORMATION
Noah’s Ark Development, Inc.
30435 US Hwy 281 N
Bulverde, TX 78163
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- “Educator” means a presenter which prepares and gives a lesson on a topic. An Educator is also a Renter.
- “Lessons” or “Lesson” refers to the training videos and the associated documentation prepared by the authors.
- “theparhamgroup.com” refers to theparhamgroup.com, a website of Noah’s Ark Development, a Texas corporation.
- “Lesson Catalog” or “LC” means the rental-based database of audio-visual works that is available through the Site and is part of the Site.
- “Premium Content” means the training videos and other media available on the Site, including the Lessons.
- “Standard Content” means the non-training videos and other media available on the Site, excluding the Lessons.
- “Single-User Renter” refers to a Renter who purchases a non-recurring six (6) month rental to a Lesson for one (1) User.
- “Renter” refers to any person or entity that purchases or uses a rental to a Lesson, and is a Single-User Renter.
- “User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
- “Website” or “Site” refers to the website maintained on the World Wide Web by Noah’s Ark Development, available at http://www.theparhamgroup.com, and includes the Lesson Catalog.
- “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
3. MODIFICATION OF TERMS.
theparhamgroup.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after theparhamgroup.com gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. LIMITED LICENSE.
theparhamgroup.com hereby grants each Renter a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in the LC according to the provisions contained herein, and subject to the payment of the applicable rental fees and adherence to these Terms. Whether the Renter receives a license to the Premium Content or Standard Content depends on the content they are accessing.
5. FEES; RENEWAL; REFUND POLICIES.
Access to Standard Content for a period of six months
Rental fees are non-refundable.
Discounts, rebates or other special offers only valid for a single use; they may not be used once they have been redeemed.
Right of Access to the Lesson granted under these Terms is effective only upon payment of the rental fees
6. Gift Certificates
The following gift certificates for Access to a Lesson are available for purchase:
One(1) Lesson Certificate (six-month access to a single lesson)
A person can purchase the gift certificate on the Site. After a person purchases a gift certificate, theparhamgroup.com will send a welcome email to the recipient informing them of the gift certificate.
Gift Certificate Terms and Conditions
No exchange or surrender for cash value
A recipient’s use of a gift certificate constitutes acceptance of and agreement to these Terms
7. ACCESS TO THE LC; MODIFICATION OF CONTENT.
theparhamgroup.com strives to provide the LC to its Renters on a continuous basis. To that end, theparhamgroup.com will take all commercially reasonable efforts to provide uninterrupted Access to the LC to its Renters. However, from time to time, Renters may be unable to Access the LC due to conditions beyond theparhamgroup.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the LC to its Renters, theparhamgroup.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
theparhamgroup.com endeavors to provide the highest quality content to its Renters. To that end, theparhamgroup.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, price, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
8. PROHIBITED CONDUCT.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects theparhamgroup.com’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to the LC using Your user name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, and transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate theparhamgroup.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or theparhamgroup.com.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by theparhamgroup.com.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, theparhamgroup.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the LC to any person or entity whose use of the LC suggests Prohibited Conduct. Access of the materials available at the LC beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the LC and will result in revocation or denial of Access to the LC. The terms “normal patterns” and “abuse” shall be determined solely by theparhamgroup.com.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
9. LIMITED WARRANTIES.
theparhamgroup.com warrants that the software that allows Users to Access the Lesson (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. THEPARHAMGROUP.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
theparhamgroup.com also warrants that the media containing the Software, if provided by theparhamgroup.com, is free from defects in material on the date the User acquired the Software. THEPARHAMGROUP.COM’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED. THE USER MUST INFORM THEPARHAMGROUP.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR THEPARHAMGROUP.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY.
THEPARHAMGROUP.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR OR REPLACE THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.
ALTHOUGH THEPARHAMGROUP.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
10. DISCLAIMERS AND LIMITATION OF LIABILITY.
BY PURCHASING A LESSON, YOU ARE ENROLLING IN AN EDUCATIONAL PROGRAM. THIS PROGRAM DOES NOT PROVIDE INVESTMENT ADVISE OR RECOMMENDATIONS DIRECTED TO ANY PARTICULAR SUBSRIBER OR IN VIEW OF THE PARTICULAR CIRCUMSTANCE OF ANY PARTICULAR PERSON. ALL MATERIALS AND OPINIONS OFFERED AND EXPRESSED MUST BE CONSIDERED BY YOU, THE CONSUMER AS EDUCATIONAL OR ENTERTAINMENT ONLY. THEPARHAMGROUP.COM IS NOT REGISTERED AS AN INVESTMENT ADVISOR. PUBLICATION OF THIS EDUCATIONAL MATERIAL ON THE INTERNET SHOULD NOT BE CONSTRUED BY ANY SUBSCRIBER AS SOLICATION TO EFFECT, OR ATTEMPT TO EFFECT TRANSACTIONS IN SECURITIES OVER THE INTERNET. ALL SUCH INFORMATION PROVIDED BY ANY THIRD PARTY IS SOELY FOR CONVIENCENE PURPOSES ONLY, AND ALL SUBSCRIBERS THEREOF SHOULD BE GUIDED ACCORDINGLY. PAST RESULTS ARE NOT NESSESSARILY INDICATIVE OF FUTURE PERFORMANCE, AND THEPARHAMGROUP.COM CANNOT GURANTEE NOR IMPLIES THAT THE SUBSCRIBER WILL MIRROR THE PERFORMANCE STATED ON THE SITE. INFORMATION CONTAINED AND/OR OFFERED IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES AS A CONVENIENCE TO SUBSRIBERS. INVESTMENT IN SELF STORAGE INVOLVES RISK AND THESE MATERIALS ARE NOT A SUBSITITUTE FOR OBTAINING PROFESSIONAL ADVICE FROM A QUALIFIED PERSON, FIRM, OR ENTITY. THEPARHAMGROUP.COM IS NOT ENGAGED IN RENDERING ANY LEGAL OR PROFESSIONAL SERVICES BY SUPPLYING THIS EDUCATIONAL MATERAL.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. THEPARHAMGROUP.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. THEPARHAMGROUP.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL THEPARHAMGROUP.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT THEPARHAMGROUP.COM RECEIVED FROM THE RENTER FOR A RENTAL TO ACCESS A LESSON, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL THEPARHAMGROUP.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THEPARHAMGROUP.COM RECEIVED FROM THE RENTER FOR A RENTAL TO ACCESS THE LC, EVEN IF THEPARHAMGROUP.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF THEPARHAMGROUP.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS.
THEPARHAMGROUP.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF THEPARHAMGROUP.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
THEPARHAMGROUP.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT THEPARHAMGROUP.COM RECEIVED FROM THE RENTER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
11. THIRD PARTY CONTENT; HYPERLINKS.
You acknowledge that ltheparhamgroup.com does not pre-screen third party materials. theparhamgroup.com is not the publisher or author of any information on the Site that is provided by third party content providers, and theparhamgroup.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and theparhamgroup.com’s use of the content constitutes neither an endorsement nor a recommendation by theparhamgroup.com of the content. theparhamgroup.com assumes no responsibility for third party products or services.
theparhamgroup.com may contain links and references to other third party websites and materials. theparhamgroup.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. theparhamgroup.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. theparhamgroup.com may disable any hyperlink to the Site. theparhamgroup.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.
THEPARHAMGROUP.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, THEPARHAMGROUP.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
12. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS.
theparhamgroup.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by theparhamgroup.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the LC may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of theparhamgroup.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of theparhamgroup.com’s intellectual property except as set forth in Section 4.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to theparhamgroup.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless theparhamgroup.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
14. SECURITY; AUTHORIZED USE.
Users are prohibited from violating or attempting to violate the security of the Site. theparhamgroup.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. theparhamgroup.com may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the LC. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify theparhamgroup.com immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify theparhamgroup.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content.
theparhamgroup.com will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by theparhamgroup.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
theparhamgroup.com will never ask You for Your password. If You need a new user name and/or password, theparhamgroup.com will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
15. TERMINATION OF AGREEMENT.
In addition to theparhamgroup.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. theparhamgroup.com may also terminate Access to the LC or cancel rentals to the LC without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that theparhamgroup.com deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive in perpetuity. Each Renter’s obligation to pay outstanding rental fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between theparhamgroup.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between theparhamgroup.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, theparhamgroup.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. theparhamgroup.com’s remedies are cumulative and not exclusive. Failure of theparhamgroup.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. theparhamgroup.com makes no representation that the content of the Site is appropriate or available for use in all locations. parhamgroup.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. theparhamgroup.com cannot provide notifications via post, only e-mail.
18. GOVERNING LAW; DISPUTE RESOLUTION; FORUM AND VENUE.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Texas law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and theparhamgroup.com shall be finally resolved through binding arbitration in Bulverde, Texas. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Comal County District Court or in the United States District Court for the Western District of Texas. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Comal County District Court or the United States District Court for the Western District of Texas for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.