Ryman Hospitality Properties, Inc. (RHP) maintains this site for your personal entertainment, information, education, and communication. Please feel free to browse the site; provided, however, that by accessing and browsing this site, you acknowledge and agree, without qualification or limitation, to be bound by these terms and conditions of use (the “Terms”). If you do not agree to the Terms, please do not use category10.com. We reserve the right, at our discretion, to change, alter, modify, add, or remove any of the Terms at any time. Please check the Terms periodically for changes. Your continued use of category10.com following a modification to the Terms will signify your acceptance of such modifications.
PLEASE REVIEW SECTION 7, TITLED THE “DISPUTE RESOLUTION” CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW, THESE TERMS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RHP, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU AND RHP EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You can download materials from category10.com for your noncommercial, personal use, provided that you retain all copyright and other proprietary notices on such materials. No material from category10.com, or any other site owned, operated, licensed, or controlled by RHP may be copied, reproduced, republished, posted, transmitted, or distributed in any way, for public or commercial purposes. Use of the materials for any other purpose is a violation of RHP’s copyright and other proprietary rights.
You should assume that all information or materials you see or read on category10.com are copyrighted unless otherwise noted and, therefore, may not be used except as provided for in these Terms or in the text of the site without the written permission of RHP. RHP neither represents nor warrants that your use of materials displayed on the site will not infringe upon the rights of third parties not owned by or affiliated with RHP.
Images of people, places and things displayed on category10.com are either the property of, or used with permissions by, RHP. You are prohibited from using these images unless such use is specifically permitted by these Terms or the specific language of the site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
While RHP uses reasonable efforts to include accurate and timely information on category10.com, RHP makes no representations or warranties as to the accuracy of such information. RHP assumes no liability or responsibility for any errors or omissions in the content of the site.
RHP is pleased to hear from its guests and customers and welcomes your comments regarding various RHP products and services, including category10.com. We value your feedback and request that you be specific in your comments on our products and services to insure that we will be better able to serve you in the future. Nevertheless, if you transmit any communications, materials, ideas, suggestions, or submissions, including, but not limited to, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the “Communications”), the Communications shall be deemed non-confidential and nonproprietary (even if you mark them “confidential” or “proprietary”). Any such Communications shall become the property of RHP and may be used for any purpose, including, but not limited to, reproduction, disclosure, publication, broadcast and posting. Furthermore, RHP is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to the provider of the Communications.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on category10.com are registered and unregistered Trademarks of RHP and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of RHP or such third party that may own the Trademarks displayed on the site. Your use of the Trademarks displayed on the site, or any other content on the site, except as provided in these Terms, is strictly prohibited. You are also advised that RHP will aggressively enforce its intellectual property rights to the fullest extent of the law.
PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
Initial Dispute Resolution.
A dispute might arise between you and RHP. If that happens, RHP is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and RHP, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: PrivacyLegal@rymanhp.com. The written description must be on an individual basis and provide at least the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.
You and RHP then agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference.
The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Failure to engage in this process could result in the award of fees against you in arbitration.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution begins under the Section 7(a), then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the RHP’s site, services, and/or products shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration and Procedures, excluding any rules or procedures governing or permitting class or representative actions.
Except as set forth in Section 7(g), the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require RHP to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, RHP will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 7 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND RHP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Class Action and Collective Relief Waiver.
YOU AND RHP ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION 7(g) BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). EXCEPT AS SET OUT IN SECTION 7(g) BELOW, UNLESS BOTH YOU AND RHP OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
This Class Action and Collective Relief Waiver and the provisions in Section 7(c) are an essential part of this “Dispute Resolution” section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor RHP may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator (or where applicable, JAMS) determine that either the Class Action and Collective Relief Waiver or the provisions in Section 7(e) are not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or RHP from participating in a class-wide settlement of claims.
Arbitration Location and Procedure.
Unless you and RHP otherwise agree, if you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Davidson County, Tennessee, United States of America. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and RHP submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable JAMS rules and procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited, cost-efficient nature of the arbitration. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and RHP, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS against RHP within reasonably close proximity, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with RHP and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. RHP does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 7(e).
Right to Opt Out of Arbitration.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: PrivacyLegal@rymanhp.com. The notice must be sent within thirty (30) days after your first becoming subject to the Dispute Resolution provisions of these Terms through use of this site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, RHP also will not be bound by them.
Exception – Litigation of Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
RHP will provide thirty (30) days’ notice of any changes to this “Dispute Resolution” section, but any such changes will not apply to any individual claim(s) of which RHP already has actual notice. If RHP changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of this site thirty (30) days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing RHP written notice of such rejection by certified mail to: Ryman Hospitality Properties, Inc. ATTN: Privacy Legal Department, One Gaylord Dr., Nashville, TN 37214, or by email from the email address associated with your account to: PrivacyLegal@rymanhp.com, within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. If you reject changes pursuant to this paragraph and were already bound by an existing agreement to arbitrate disputes under a previous version of the Terms, then that existing arbitration agreement shall remain in full force and effect.
THE MATERIALS ON OR FROM CATEGORY10.COM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RHP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding exclusions of implied warranties. RHP does not represent nor warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. By use of category10.com, you assume the entire cost of all necessary servicing, repair, or correction. RHP assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in category10.com or your downloading of any information, materials, data, text, images, video, or audio from the site.
Under no circumstances, including, but not limited to, negligence, shall RHP be liable for any special or consequential damages that result from the use of, or the inability to use, the information or materials on or from this site. In no event shall RHP’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for accessing category10.com.
You hereby agree to indemnify, defend and hold RHP and its affiliated companies, and all officers, directors, owners, agents, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach of these Terms by you. You shall use your best efforts to cooperate with RHP in the defense of any claim; provided, however, that RHP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Unless otherwise specified herein, the information and materials on category10.com are presented solely for the purpose of promoting products or services of RHP, which are available in the United States, its territories, possessions, and protectorates. This site is maintained and operated by RHP from its offices in Nashville, Tennessee of the United States of America. RHP makes no representation that the products or services promoted on category10.com are available in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. No software from this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. By downloading or using software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all RHP site(s) and all related documentation and all copies thereof. These terms may be terminated by RHP, in RHP’s sole discretion, at any time and with no notice thereof. Upon notification of such termination, you must destroy all materials obtained from this site or any other RHP site(s) and all copies thereof.
The laws of the State of Tennessee, excluding its conflicts of law rules, govern these Terms to the extent not preempted by The Federal Arbitration Act. The state and federal courts located in Davidson County, Tennessee shall have jurisdiction over all claims or disputes that are not subject to arbitration. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties.
If you would like to contact RHP, please contact Corporate Communications at One Gaylord Drive, Nashville, Tennessee 37214.