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These Text Terms and Conditions, the relationship between you and MoMA, and MoMA’s MoMA Design Store Text Message Program, shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS
ANY DISPUTE RELATING IN ANY WAY TO THESE TEXT TERMS AND CONDITIONS OR MOMA’S MOMA DESIGN STORE TEXT MESSAGE PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, YOU AND MOMA UNDERSTAND AND AGREE THAT YOU AND MOMA ARE GIVING UP THE RIGHT TO A COURT OR JURY TRIAL. YOU AND MOMA FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY MOMA INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE MOMA MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
To the fullest extent permissible under applicable law, MoMA is not responsible or liable for any direct, indirect, incidental, consequential, or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, your participation in the MoMA Design Store Text Message Program. This applies even if foreseeable or even if MoMA has been advised of the possibility of such damages.