HGV WhereNEXT Terms of Use

The HGV WhereNEXT program is offered by Great Vacation Destinations Inc., a Florida corporation located at 5323 Millenia Lakes Blvd, Suite 400 Orlando, Florida (“Great Vacation Destinations”). For information on Great Vacation Destinations’ privacy practices please go to Hilton Grand Vacations Global Privacy Notice. Certain fulfillment aspects of the HGV WhereNEXT program are provided by Arrivia Inc. located at 15147 N. Scottsdale Rd. Suite 210, Scottsdale, AZ 85254 (“Arrivia”). For more information on Arrivia’s privacy practices, go to https://www.arrivia.com/privacy-policy/

Great Vacation Destinations reserves the right to change these Terms of Use from time to time, for any reason, which changes Great Vacation Destinations may provide to Members by any reasonable means, including, without limitation, by posting the new version of these Terms of Use at https://www.hgvwherenext.com/term-pages/terms-of-use/

Membership Options. HGV WhereNEXT is pre-paid travel and benefit program (the "Service"). Persons who purchase HGV WhereNEXT are referred to as “Members”. This Service is accessible by calling 866-935-8511 or online at: www.hgvwherenext.com/shop-travel. As part of the Service, Members will be provided access to travel and entertainment and other related services or discount features which are subject to the terms hereof.

Two membership options are available:

12 Month Membership 24 Month Membership
HGV Stay Discount Automatic Discount 25% 25%
Travel Savings Automatic Travel Credit Savings $2,000 $4,000
$2,000 per year
HGV Automatic Stay Credit Savings $25.00/night
up to 12 nights or $300 per year
$25/night
up to 24 nights or $300 per year ($600 total)
HGV Earned Stay Credits Up to $300 Up to $300
Max Number of Members per Account 2 4
Membership Price $1,788 $2,376

Benefit Terms

HGV Stay Discount. Members automatically receive a 25% discount off the best available publicly published rate for reservations at participating properties managed by Hilton Grand Vacations Management Company, LLC or its affiliates (“HGV Accommodations”). Discount applied at time of booking. Reservations must be booked by calling 866-935-8511 or online at: www.hgvwherenext.com/shop-travel. A list of participating properties is available at www.hgvwherenext.com/hotel.

HGV Stay Discount valid on HGV Accommodations only and not applicable to any onsite services, taxes or other fees and charges, including resort fees. Accommodations and additional discounts are subject to availability. Minimum night stays, advance purchase terms, occupancy restrictions, early departure fees, deposit and cancellation restrictions apply and vary by property.

Discount may not be combined with other promotions, offers or discounts including Hilton Honor rates or Hilton Grand Vacations Member Open Season Rates. Not valid for reservations booked prior to enrollment in HGV WhereNEXT.

Savings Credit

Automatic Stay & Travel Savings Credits

  • The below described stay and travel credit savings are deposited into a Member’s account upon activation and redeemed automatically upon booking:

Stay Credits

$25 nightly stay credit valid toward HGV Accommodations. A list of participating properties is available at www.hgvwherenext.com/hotel

Maximum stay credit:

$300 / year for 12 month membership term
$300 / year for 24 month membership term
for a maximum of $600.

Travel Services Savings Credits

Savings credits valid toward cruise cabin, car rental, activities and similar only available on select travel services offered through Arrivia

Maximum travel savings credit:

$2000 / year for 12 month membership term
$2000 / year for 24 month membership term
for a maximum of $4000.

All travel services subject to Arrivia’s terms and conditions.


  • Reservations must be booked by calling 866-935-8511 or online at: www.hgvwherenext.com/shop-travel.
  • Application of credits savings for travel services is limited by the total cost of services booked as determined by Arrivia. For example purposes only, a cruise cabin price of $1700, may only allow application of a credit of $250 for that cabin booking.
  • Credit savings valid after HGV WhereNEXT purchase price has been paid full, or if paying in installments, after the enrollment in the seller’s monthly auto-pay plan and the first monthly payment has processed.
  • Credit savings not valid toward the cost of any onsite services, gratuities, taxes, port charges, onboard charges, excursions, transportation or personal expenses.
  • Credits savings only valid for bookings made prior to membership expiration. After expiration, any changes to a reservation booked with credits applied shall forfeit the applied credits. No refunds or cashback for unused credit.

Earned Credits. Earn additional stay credits of $100.00 when:

  • You refer a family or friend who purchases a HGV WhereNEXT membership. Maximum $200 per year. Referral must be personally known to referring Member and purchase made during referring Member’s active membership.

Earn additional stay credits of $50.00 when booking and staying at HGV Accommodations through the HGV WhereNEXT program:

  • in the first 90 days of membership. Maximum $50 per membership year.
  • at three different HGV Accommodation properties in a year. Maximum $50 per membership year.

Earned credits may be applied to HGV accommodations booked through Arrivia only in increments of $25 per night and may not be combined with automatically stay credits. Any earned credits must be received and redeemed prior to expiration of your HGV WhereNEXT membership. Earned credits may not be applied to renewal or purchase of HGV WhereNEXT. Additional Earned credits may be offered from time to time.

Ultimate Access Events

Members may be invited to participate in select HGV Ultimate Access Events.

A discount may be offered for certain HGV Ultimate Access Events for persons who agree to participate in a 2 hour sales presentation on the benefits of vacation ownership with Hilton Grand Vacations. Prices of Hilton Grand Vacations ownership interests vary based on the product purchased and range from $9,900 to $853,990, subject to availability and without promotions or discounts. Eligibility and financing requirements may apply. Complete offering terms are available from the seller.

See hiltongrandvacations.com/en/ultimate-access for more information.

Other Travel and Recreation Discounts

Discounts on travel services such as car rentals, travel insurance, and tours and are offered through Arrivia. Discounts may not be used in conjunction with any other coupon, discount offer or rewards program. Please see each offer for specific terms. Offers may not be reproduced and are void where prohibited, taxed or restricted by law.

Membership Account

Member benefits are valid for named members only. The number of persons who may be named as members and share one membership account varies by membership term length as listed above. Such members must be immediate family members or persons residing in the same household. Each member will be issued the same account number and given full access to all benefits. Any named member acting alone may use any and all available benefits. Great Vacation Destinations is not responsible for the sharing of benefits or credentials among named members on any account or for any disagreement, dispute or related liability between members concerning the use of benefits. No changes to named members allowed during the term of HGV WhereNEXT program for any reason, including death or divorce.

Restrictions on Use

Use of the Service is for the personal use of Members only. Benefits may not be shared or assigned to persons not named as members on the account. Members may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or the benefits therein.

Members not current on amounts owed in connection with their HGV WhereNEXT membership may have their account suspended, be restricted from accessing or using benefits, may have future dated reservations cancelled, and./or be required to pay the full published retail price in effect at that time for a booking. Additionally, if a purchaser is in default of any payment due the seller and such payment remains unpaid for a period of 30 days after notice of the same, the seller may terminate this agreement, retain all monies paid, including interest on late payments, and purchaser shall forfeit any unused benefits or reservations.

Program offering limited to residents of the US excluding residents of HI, TN, AL or PA.

Conditions of Use of the Service

It is a condition of use of the Service that Members not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access), for any unlawful purpose or in violation of these Terms of Use or the terms or privacy terms posted at Hilton Grand Vacations Global Privacy Notice. Great Vacation Destinations, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. Members may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

The Service contains material that is derived in whole or in part from material supplied and owned by Great Vacation Destinations and/or its suppliers and licensors. Such material is protected by copyright, trademark, and other applicable laws. Members may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software ("Material"). Members may, however, subject to compliance with these Terms of Use and solely for as long as their Membership remains valid, are permitted to access and use the Service, download and upload certain Material from the Service for personal, non-commercial use only, provided all copyright and other proprietary notices are kept intact and use the Material in accordance with all restrictions applicable to use of the Service in general.

Communications

The Service may include certain communications from Great Vacation Destinations, such as service announcements or administrative messages, and these communications are part of the HGV WhereNEXT program and Members will not be able to opt out of receiving them. Members understand and agree that the HGV WhereNEXT program is provided "AS-IS" and that Great Vacation Destinations assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Members are responsible for obtaining access to the Service.

Monthly Billing Option

When enrolling in the HGV WhereNEXT program, Members may be offered monthly credit card payment options for a balance of the membership price. In such event, the Member must agree to the terms of the seller’s monthly auto-pay program.

Membership is non-refundable and no credit or refund shall be given if purchaser does not utilize benefits or features of the program.

Liability

Great Vacation Destinations is not liable for bodily injury or property damage resulting from any accident, event or occurrence on, or resulting from the use of the premises of participating businesses. Great Vacation Destinations is not responsible for or warrants the condition of the premises of participating businesses or their safety. Great Vacation Destinations disclaims any and all responsibility or liability for any bodily injury or property damage resulting from the acts or omissions of the participating businesses. Great Vacation Destinations will not replace any lost or stolen membership cards, certificates, vouchers or other items received by a Member as part of HGV WhereNEXT.

Disclaimer of Warranties

GREAT VACATION DESTINATIONS AND ITS PARENT, SISTER AND SUBSIDIARY COMPANIES AND ITS AND THEIR AFFILIATES OR SUPPLIERS (“PARTIES”) DO NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.

MEMBERS ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION.

Indemnification

Members agree to defend, indemnify and hold harmless the Parties and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from (a) any material posted or otherwise provided by a Member that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by a Member in connection with their use of the Service; (c) any non-compliance by a Member with the these Terms of Use and the Agreement and (d) claims brought by persons or entities other than the parties to the Agreement for the HGV WhereNEXT program arising from or related to your access and use of the Service, including the information obtained through the Service.

Termination

Great Vacation Destinations may, in its sole discretion, terminate a Member’s account (or any part thereof) or use of the Service, or remove and discard any communication transmitted by a Member, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers; (ii) permitting someone other than a named member to use a Member’s user identification number to access the Service; (iii) any other access or use of the Service except as expressly provided in this Agreement; (iv) any violation of these Terms of Use or the rules and regulations relating to the use of, the Materials and/or content contained in, or accessed through, the Service; (v) tampering with or alteration of any of the Materials and/or content contained in, or accessed through, the Service. Termination, suspension, or cancellation of a Member’s Agreement for the HGV WhereNEXT program or a Member’s access rights shall not affect any right or relief to which Great Vacation Destinations may be entitled, at law or in equity. Upon termination of a Member’s Agreement, all rights granted to that Member will automatically terminate.

Trademarks

HGV and HGV WhereNEXT are the property of Hilton Worldwide Holdings Inc. or its subsidiaries and licensed to Hilton Grand Vacations Inc. Any and all other trademarks, service marks and trade names used with HGV WhereNEXT are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Great Vacation Destinations.

Modification to HGV WhereNEXT

Great Vacation Destinations reserves the right, in its sole discretion, to amend these HGV WhereNEXT program Terms of Use, and to modify, add or discontinue any aspect, content, benefit or feature of the Service. Any such changes will be posted at https://hgvwherenext.com/term-pages/terms-of-use/ and will be effective immediately unless stated otherwise. You are responsible for periodically checking for any changes to these terms and conditions.


ARRIVIA WEBSITE TERMS OF USE

These Website Terms of Use govern your access and use of the website and its content. This website owned and operated by Arrivia, Inc., and its subsidiaries and affiliates (Collectively herein as “We,” “Us,” and “Our”) located at 15147 N. Scottsdale Rd., Ste 210, Scottsdale, AZ 85254. If you (“You” or “Your”) continue to browse and use this website, You are agreeing to comply with and be bound by the following terms of use, which together with Our Privacy Policy govern Our relationship with You in relation to your access and use of this website. If You disagree with any part of these terms, please do not use Our website.

CONTENT PROVIDED “AS IS”; DISCLAIMER OF WARRANTY

The content of the pages of this website is for Your general information and use only. It is subject to change without notice. All content and information is provided "as is", without any kind of warranties, either express or implied including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

Neither We, nor Our affiliates, Our respective employees, agents or third-party content providers or licensors, if any, warrant that the service will be uninterrupted or error-free and do not make any warranty about the results that may be obtained from using this website or the content on this website. While we make reasonable efforts to ensure that the information provided herein is accurate and complete, the aforementioned parties disclaim any liability related to the inaccuracy of any content or any information, service, merchandise provided on or through this website by third parties. By using, viewing, transmitting, storing in any way or otherwise using this website, its content, services or the features available on this website, You give Your consent to each and every one of the terms and conditions set forth herein and expressly waive any right to claim ambiguity, error or lack of consent as related to Your use of this website.

Some content on Our Website is based on information received form third party travel providers. While we make reasonable efforts to ensure that the information provided herein is accurate and complete, neither We, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

LIMITATION OF LIABILITY

Our disclaimers of liability apply to damages or injury caused by any performance failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access or alteration, whether the damage related to breach of contract, tortious acts, negligence or any other cause of action. You acknowledge that We are not liable for defamatory, offensive or illegal conduct of third parties, including Users to this website. The risk of any of the above rests entirely with You. We and any individual or entity involved in creating, producing, or distributing any content or information on this website, are not liable for any direct, indirect, incidental, special, punitive, liquidated, exemplary, moral or consequential damages that result from the use or the inability to use this website or from the breach of any warranty.

USE OF CONTENT AT YOUR RISK

Your use of any information or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific requirements.

NO ENDORSEMENT OF CONTENT

From time to time, this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s).

We do not endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice or statement on this Website. We are not responsible for any offensive, defamatory or obscene posting made on the website by anyone. We are not liable for any loss of damage caused by Your reliance on information obtained through the content and/or postings on this website. It is the responsibility of You to evaluate the accuracy, completeness or usefulness of opinions, information, advice or other content on this website. We do not endorse, warrant or guarantee any product or service offered by a third party on this website. We will not be a party to or monitor any transaction between You and any third-party provider of products or services. Just as an individual would use his or her own best judgment and exercise caution before purchasing any product or service, You should do so in these transactions.

COPYRIGHT

This website contains material that are owned by Us or licensed to Us. This includes but is not limited to the design, layout, look, appearance, graphics, the posted Privacy Policy, Terms and Conditions, and these Terms of Use. Such material is proprietary and any reproduction of such material is strictly prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content provided on this website. Except as otherwise permitted by copyright laws, You may not copy, redistribute, publish or use downloaded material, without the express written permission of Us. If permission is granted, the proper copyright notice must be attached. You acknowledge that You do not acquire any ownership rights by downloading any content from the site.

All trademarks reproduced in this website, which are not the property of, or licensed to Us, are acknowledged on the website. The website contains materials that are copyrighted, trademarked or is the proprietary property of other individuals or companies. Only the individual artists have the right to reproduce, distribute, display or prepare derivative works of their artwork or permit others to do the same with respect thereto. We own a copyright in the selection, coordination, arrangement and enhancement of such website, including the original content.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the website infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information:

  1. A clear identification of the copyrighted work that you claim has been infringed.
  2. A clear identification of the material you claim infringes the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. A statement that you have a "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement notifications can be sent to by email or mail as follows: legalaffairsrequest@arrivia.com or Attn: IP Counsel, Arrivia, Inc., 15147 N. Scottsdale Road, Suite 210, Scottsdale, AZ 85254.

We will not process your notice if it is incomplete. We reserve the right to remove content on the website alleged to be infringing without prior notice, at its sole discretion. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.

ARTICLES AND OTHER ORIGINAL CONTENT

This website works with a variety of authors and artists and photographers to develop the information You see and read. All of these materials are Our property and the property of individual contributors. To reproduce any of this material, You must have the written permission from Us and of the third-party content providers or licensors. We own a copyright in the selection, coordination, arrangement and enhancement of such content, including original content.

REPRINTED INFORMATION

This website occasionally uses material previously published other places. We do Our best to secure proper reproduction rights. If, in any case, We have not named a source accurately, please contact Us so We can correct the name of the source.

OTHER MATERIAL

All material is Our property and of the third-party content providers or licensors and may not be reproduced, copied, distributed or displayed without written permission from Us and of the third-party content providers or licensors.

TRADEMARKS

For Trademarks that are Our trademarks, all rights are reserved. All other trademarks appearing on this website are the property of their respective owners who are third party content providers or licensors. You expressly agree not to reproduce, disseminate, share, transfer, transmit or use Our trademarks, or those trademarks licensed to Us. In order to disseminate, share, transfer, transmit or use any of these trademarks, You must have the written permission of ICE and of the third-party content providers or licensors.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once You have used these links to leave Our site, You should note that We do not have any control over that other website. Therefore, We cannot be responsible for the protection and privacy of any information that You provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to all other websites. The inclusion of any links does not imply a recommendation or endorsement of the views expressed therein.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Us, Our affiliates and THIRD-PARTY content providers or licensors and their respective employees, directors, officers, employees and agents from and against all claims, including but not limited to, third party claims, damages, costs and liabilities, including reasonable attorney’s fees arising out of or in connection with, Your violation OF these terms OF USE. 

ELIGIBILITY

This website is available only to people with enough capacity to bind in terms of applicable Law. Consequently, this website and the information and services (if any) contained therein are not available or are not intended for minors. If You do not qualify, please stop using this website and leave it immediately. This website and the materials contained therein are for informational purposes only. By providing the materials, We are not providing any service or legal or professional advice. The information available on this website is based on sources believed to be accurate and reliable. We have made reasonable efforts to ensure the accuracy of this information, however, We do not in any way guarantee the accuracy of the information available on this website.

CHOICE OF LAW

These Terms of Use, Your use of Our website, and all disputes arising out of such use of the website shall be governed by and construed and enforced in accordance with the internal laws of the State of Arizona, U.S.A. 

DISPUTE RESOLUTION POLICY

Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and Our heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waive any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.

The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.

Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.

The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis. 

The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.

Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, We may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration. 

Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.

Ed. 3/2023