In addition, access to certain areas of the FCF Software may also be governed by other terms and conditions. In the event of a conflict between these Terms and those necessary to access restricted portions of the FCF Software, the terms governing the restricted portions of the FCF Software will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms will apply where there is not a conflicting provision.
If you do not agree with any of the Terms set forth herein, you may not register to use any FCF Software. If you wish to proceed with registering for FCF Software, you hereby acknowledge and agree to all terms and conditions as follows:
As a vendor, FCF offers a variety of products that aid both non-profit and for-profit organizations in enhancing the effectiveness and eliminating some of the obstacles of fundraising administration. An organization that desires to utilize the Fan Club services and products must designate a Group Leader to register the Group on the FCF Software. The Registered Group will use its organization’s members or other volunteers as Group Participants / Sellers who will then use FCF Software to promote and sell products to raise money for the Registered Group. Once the Registered Group is active, the Registered Group becomes its own “Fan Club,” meaning that other Users, who either follow or donate to the Registered Group, can be a part of that “Club” and receive information as to any events or promotions being run by the Registered Group. Each Registered Group may also receive donations from Users through the FCF Software as well as set up notifications and other information as to the upcoming fundraisers hosted by the Registered Group.
FCF also offers its Users the opportunity to utilize “Fan Club TV.” Fan Club TV is a portion of the FCF Software that allows Users to view, create, and broadcast fundraising events, promotional videos and other FCF-related events (“Content”). All FCF events are pre-recorded and published to the FCF website for later viewing. FCF Software only permits one Fan or Group Leader per Registered Group to broadcast any single event. Group Leaders may utilize Fan Club TV to record and publish Content for Fan Club fundraisers and vLog updates on upcoming events. All Content published through the FCF Software will include the name of the User streaming the video and will indicate the date and time of publishing.
All Fan Club TV Content that is live-streamed will be done using YouTube Application Programming Interface (“YouTube API”). The Terms and Conditions for YouTube API can be found at: https://developers.google.com/youtube/terms/api-services-terms-of-service.
FCF Users may submit Content through Fan Club TV. Users acknowledge and agree that whether or not Content is published, FCF does not guarantee any confidentiality with respect to Content. Users are solely responsible for their own Content and the consequences of posting or publishing it. FCF does not endorse any Content or any opinion, recommendation, or advice expressed therein, and FCF expressly disclaims any and all liability in connection with Content. Users further acknowledge and agree that Users have no ownership rights in or to the Content. Users release FCF, its agents and assigns from any claims that Users may have relating to any Content, including without limitation, any claim arising under the right of publicity, right or privacy, defamation and/or copyright infringement.
Users shall not post or upload any Content which contains material that it is unlawful for the User to possess, or which it would be unlawful for FCF to use or possess in connection with the provision of the FCF Software. Users acknowledge that Content submitted through Fan Club TV shall not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless the User has a formal license or permission from the rightful owner, or is otherwise legally entitled, to post the material in question and to grant Fan Club TV the license.
In the event FCF is notified of a potential violation of these Terms, FCF reserves the right (but shall have no obligation) to decide whether Content complies with the requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
Users also acknowledge and understand that in using FCF Software and Fan Club TV, Users may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to certain Users. All Users agree to waive, and hereby do waive, any legal or equitable rights or remedies against FCF with respect to any such Content.
Any and all abuse of Fan Club TV shall be immediately reported to firstname.lastname@example.org.
Users may join FCF Software free of charge. Users may then register as a Fan of one or more Registered Groups by creating a username and password or by using their pre-existing Facebook or Google account credentials. A Fan has access to view Registered Group posts and notifications (“Registered Group Content”) without having made a donation. FCF will ask Users to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by other FCF Users. Users may, however, disable this option at any time via your profile settings.
Users are responsible for all activities occurring under User email address and for keeping the User login and password secure. FCF may refuse to grant a User access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing email@example.com.
If you create an account with FCF, FCF reserves the right to send newsletters, promotional emails, system messages pertaining to account information, and other communications related to your Registered Groups to your email. You may opt out of receiving said info at any time by clicking the unsubscribe link on the FCF email.
Children under the age of 13 must have a Parent Participant register in his or her own name and ensure that the child's participation with the FCF Software complies with these Terms and is under the Parent Participant’s control and supervision. The Parent Participant shall be solely liable for the child's actions in relation to any fundraising and seller activities on the FCF Software. Children between the ages of 13 and 17 (inclusive) may fundraise only with the permission of a Parent Participant. If you are between the ages of 13 and 17, by fundraising, you acknowledge that you have your Parent Participant’s permission.
FCF reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Subject to these terms and conditions, FCF hereby grants you a non-exclusive, non-transferable, non-licensable, limited right and license to use one copy of the FCF Software. You may use FCF Software solely for purposes of enabling you to use and enjoy the services and products as provided by FCF, and as permitted by these Terms and any other agreed to terms and conditions. The FCF Software is being licensed to you and you hereby acknowledge that no title or ownership in the FCF Software is being transferred or assigned and you agreeing to these terms is not to be construed as a sale of any rights in the FCF Software.
You may not incorporate any portion of the FCF Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the FCF Software or otherwise assign any rights to the FCF Software in whole or in part. You may not use the FCF Software for any illegal purpose. FCF may cease providing any FCF Software and may terminate your right to use any FCF Software at any time. Your rights to use the FCF Software will automatically terminate without notice from us if you fail to comply with any of these Terms or any other service terms later accepted as an FCF User.
Additional third party terms contained within or distributed with certain FCF Software that are specifically identified in related documentation may apply to that FCF Software (or software incorporated with the FCF Software) and will govern the use of such software in the event of a conflict with these Terms. All software used in any FCF service is the property of FCF or its software suppliers and protected by United States and international copyright laws. The term of your licenses shall commence on the date that you accept these Terms and install or otherwise use the FCF Software and/or services and ends on the earlier date of either your disposal of the FCF Software and/or services or FCF’s termination.
FCF Software may create, receive from or on behalf of Registered Groups, or have access to, information about students that is considered an education record (“Educational Record”) and subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. Section 1232g (collectively, the "FERPA Records"). Any and all Educational Records accessed by FCF Software and utilized by Registered Groups shall at all times remain under the ownership and control of the School (or School District if applicable) in which the Registered Group/User is located. As a result, FCF, all Group Leaders, Schools, and all School Districts containing Registered Groups utilizing FCF Software will act in joint effort to ensure the protection of any Educational Records and full compliance with FERPA. In the event, Educational Records are accessed by FCF Software, FCF represents, warrants, and agrees that it will:
FCF will not use or disclose Educational Records or third-party advertising, and personal information collected from a student User is never sold or rented to anyone.
In addition to the representations above, in the event of a security breach regarding Educational Records, the User affected, as well as the Group Leader, and School (if applicable) shall all be immediately notified via email and/or telephone. FCF shall have the ability to both call or email Group Leaders and Schools and shall be able to directly email Users to notify all parties potentially affected by a breach.
Upon completion of a User or Group usage of the FCF Software, and upon request by the User, Group Leader, or School, FCF will delete any and all associated Educational Records and notify the Group Leaders and applicable Schools when all applicable Educational Records have been deleted.
The Fan Club Software may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Fan Club permits you to use the Fan Club Software, the tools, and the services provided by Fan Club subject to your acknowledging and agreeing to the following conditions:
User Content posted by yourself and other users of the Fan Club Software does not necessarily reflect our views.
Fan Club will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. Fan Club may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content on the Fundraising Page is solely the responsibility of each Fundraiser. Fan Club does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your User Content and the consequences of posting User Content to the Fan Club Software. You bear sole responsibility for the consequences of posting User Content.
You agree that the User Content will accurately describe the collection and intended use of contributions made via the Fan Club Software.
You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Groups on the Fan Club Software.
You agree that Fan Club has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Fan Club Software.
You also agree not to upload, distribute, or otherwise publish any User Content to or through the Fan Club Software that (a) contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer; (b) uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Fan Club Software; (c) constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like; (d) promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like; or (e) contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
FCF will provide the platform and products to you at the rates and for the fees (“Fees”) listed at https://www.fanclub.org/terms/fees, linked here and incorporated into this Agreement. The Fees may include charges for Transactions (such as processing a payment) and for other events connected with your FCF Software (such as handling a disputed charge). FCF’s suppliers may make changes to their service fees and product costs, as a result, FCF retains the exclusive right to revise the Fees at any time, within its sole discretion, with at least twenty-four (24) hours written notice published on FCF Software.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer any FCF content or use the content except through the authorized access to the FCF Software. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the FCF Software, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the FCF Software without the authorization of FCF is strictly prohibited. You agree to use the FCF Software and content for lawful purposes only. You agree not to post or transmit any information through the FCF Software which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the FCF Software.
Fan Club Fundraising LLC (“FCF”) and affiliates are neither professional solicitors nor professional fundraising counsel. FCF is a vendor of products to both for profit and non-profit organizations. FCF does not solicit contributions for, or on behalf of, any charitable organizations through its website or any other FCF Software. FCF and its agents and employees do not plan, conduct, manage, carry on, or advise charitable organizations in connection with the solicitation of contributions. In addition to the foregoing, you acknowledge that FCF is not an entity that, for compensation, plans, manages, advises, consults, or prepares consulting materials for charitable organizations to solicit contributions.
The Fan Club Fundraising app allows you to support Groups with direct donations and to purchase fundraising products. All credit card transactions are processed by Rally4 and affiliates and later paid directly to the Registered Group. FCF does not directly collect or handle any funds on your behalf.
Charitable donations made on the FCF Software in support of Registered Groups carrying a 501(c)(3) non-profit designation (collectively, “Charitable Causes”) are complete and final charitable gifts and are not refundable. Non-profit organizations are eligible for tax deductible direct giving donations by setting up a direct “Give Now” event within the FCF Software. Give Now events allow Fans to make direct online donations through any Registered Group’s Fan Club. Your Fan Club’s Group Leader may include rewards and incentives based on your Fan Club participation and giving level. Any rewards and incentives created by Fan Club Group Leaders using the FCF Software are handled directly by Fan Club Group Leaders and are not selected or managed by FCF.. When an incentive is rewarded to any user based on a donation, then only the difference between the value of the issued reward and the donation will be tax-deductible for the user.
While it is FCF’s policy not to give refunds for donations to Charitable Causes, FCF recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.
When a donation is accepted or a product is purchased from a Participant / Seller on behalf of a Registered Group by credit card, FCF shall charge a platform fee according to the fee schedule listed at https://www.fanclub.org/terms/fees, which covers platform costs, payment support, fraud protection, Registered Group vetting, and operational support. FCF’s payment processing affiliates shall also charge a fee per transaction for payments made using a credit card according to the fee schedule listed at https://www.fanclub.org/terms/fees in order to support any credit card processing cost through the TMF processing system. The Registered Group shall receive the full remainder of any donated amount. Fan Club shall never take a specified percentage of a donated amount and shall continue to operate on a small flat fee basis, with the exception of the administrative fees from the processing of credit card donations as discussed in this Section.
Remittance of received donations shall be made to each Group in the month following the receipt of a donation whose donation cleared the bank account in the previous calendar month (e.g, a donation on July 5th would be remitted to the Registered Group by the end of August). FCF makes every reasonable effort to respect the wishes of each Registered Group’s Fans.
When a mobile donation is made to a Registered Group through the provided text-to-give option , FCF shall charge a platform fee per text donation according to the fee schedule listed at https://www.fanclub.org/terms/fees, which covers platform costs, payment support, fraud protection, Registered Group vetting, and operational support. FCF’s payment processing affiliates shall also charge a fee per text donation according to the fee schedule listed at https://www.fanclub.org/terms/fees in order to support the TMF processing system. The Registered Group shall receive the full remainder of any donated amount. Fan Club shall never take a specified percentage of a donated amount and shall continue to operate on a small flat fee basis, with the exception of the interest charge for credit card donations as discussed in this Section.
Remittance of received text donations via carrier billing shall be made three (3) to six (6) months following the donation pledge in the previous calendar month. FCF makes every reasonable effort to respect the wishes of each Registered Group’s Fans.
Only the authorized credit card holder may donate on the FCF Software. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. FCF may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the FCF Software, for the authorized credit card holder to utilize in order to make a donation.
Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any Registered Group on the FCF Software, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. FCF will make available to the Group Leader of each benefitting Registered Group online reports identifying, where available, your name, address, email, and transaction accounting details. If you are a Group Leader, donor information will be shared with you via a report accessible on the fanClub.org/backoffice administrative portal.
The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on FCF Software, and that is used by FCF in conjunction with the services they are providing, including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of FCF Software (collectively, "FCF Content"), are owned by FCF. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from FCF.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Fan Club Fundraising Software, whether in whole or in part, or create any derivative works from or of the Fan Club Fundraising Software.
The FCF Software allows Registered Groups to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Group Content”). FCF permits you to use the FCF Software, the tools, and the services provided by FCF subject to your acknowledging and agreeing to the following conditions:
You may not use the services provided by FCF or FCF Software for any illegal or unauthorized purpose. While using the FCF Software, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
The FCF Software and affiliate’s software and the products and services offered therein are provided to you "as is" without warranty of any kind. FCF disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any content, products, tools, or other information or materials displayed on the FCF Software. FCF also expressly disclaims to the fullest extent permitted by law any and all responsibility and liability for the conduct of any Registered Group or other User. FCF hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. FCF is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
IN NO EVENT WILL FCF, FCF’S AFFILIATES, FCF’S LICENSORS, CHANNEL PARTNERS, MEMBER, EMPLOYEES OR AGENTS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE FCF SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, SOFTWARE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO FCF OR THE FCF SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT FCF, FCF’S LICENSORS, CHANNEL PARTNERS, MEMBERS, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, FCF’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS SECTION AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL FCF, FCF’S AFFILIATES’, FCF’S LICENSORS’, CHANNEL PARTNERS’, MEMBERS, EMPLOYEES OF AGENTS BE LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE FCF SERVICES OR FAN CLUB SOFTWARE.
Your use of the services provided by FCF is entirely at your own risk. You will hold harmless and indemnify FCF and affiliates from and against any third-party claim arising from or in any way related to your use of the services provided by FCF or the FCF Software, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In the event you are a parent or legal guardian of a minor and are consenting to the minor’s use of FCF Software, then you personally consent to all of the terms of this Agreement, and indemnify FCF for any and all claims arising from the minor’s use of FCF Software.
FCF may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that FCF reviews or endorses these third-party sites or services. FCF provides such links when FCF believes such links may be helpful, but FCF does not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that FCF is not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the FCF Software are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
These Terms apply to your use of the services provided by FCF and the FCF Software at all times. FCF reserves the right to change and update the FCF Software without notice to you, at any time. You may terminate under these Terms at any time by deleting your Fundraising Page or by emailing firstname.lastname@example.org, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the FCF Software immediately ceases.
FCF reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms, and/or your access to all or a portion of the FCF Software and/or remove any registration information or User Content from the FCF Software, for any reason (including if you breach of any of the provisions of these Terms).
Notwithstanding the foregoing, FCF will not make any material changes how Educational Records are used or shared under these User Terms without advance notice email notice from FCF to Group Leaders and applicable Schools. If the Group Leader and/or School do not reply within a reasonable time, they will be deemed to have consented to such changes.
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Fan Club’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise. Fan Club may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.
The parties expressly agree to submit any controversy to binding arbitration with the American Arbitration Association. Any controversy or claim between the parties arising out of or relating to your involvement with FCF or FCF Software shall be submitted to binding arbitration with the American Arbitration Association. The parties expressly agree that this arbitration provision and the terms and conditions set forth herein are to be governed by the Federal Arbitration Act (“FAA”). These Terms shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. Any claim for the enforcement of or arising from these Terms shall be brought and maintained in the courts of Williamson County, Tennessee, and each Party submits to the personal jurisdiction of such courts with respect to any such claim.