FROCKET PROVIDES A VARIETY OF SERVICES SUBJECT TO THIS AGREEMENT. BY CHECKING THE BOX OR CLICKING
THE BUTTON NEXT TO A LINK TO THIS AGREEMENT ON ANY OF OUR SIGN-UP PAGES, BY EXECUTING AN ORDER FORM OR STATEMENT OF WORK THAT REFERENCES THIS AGREEMENT, BY SIGNING UP FOR AN ACCOUNT, BY LOGGING IN TO YOUR ACCOUNT, BY ACCESSING ANY PART OF THE SERVICES (INCLUDING
BY MEANS OF ANY API INTERFACE), YOU, AS A CUSTOMER OF THE SERVICES OR A REPRESENTATIVE OF AN ORGANIZATION THAT IS A CUSTOMER OF THE SERVICES (COLLECTIVELY, “YOU”), REPRESENT AND WARRANT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT,
(2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE SERVICES IS TRUE, ACCURATE, CURRENT AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF
OF THE ORGANIZATION YOU HAVE NAMED AS THE AUTHORIZED USER, AND TO BIND THAT ORGANIZATION TO THIS AGREEMENT. NOTE THAT BY REPRESENTING AND WARRANTING TO THE ABOVE, YOU ARE MAKING A LEGALLY ENFORCEABLE AGREEMENT.
We may change any terms of this Agreement by posting a revised Agreement and the revised Agreement
will be effective immediately upon posting or the effective date indicated in the new Agreement, as applicable, and apply to any continued or new use of the Services. We may change the Services, or any features of the Services at any time, and we may discontinue
the Services or any features of the Services at any time. If you do not agree with the terms of this Agreement, you must immediately discontinue your use of the Services. Otherwise, your continued use of the Services constitutes your acceptance of such changes.
We recommend that you regularly check our website to view the then-current terms.
We may refuse service, close your accounts or the accounts of any Authorized Users, and change
eligibility requirements at any time, in our sole discretion.
For purposes of this Agreement, the following capitalized terms shall have the meaning indicated
below. Whenever the words "include", "includes" or “including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation".
(a) You may not use our Services to send spam.
(b) You may not use our Services to promote or incite harm toward others or that promote discriminatory,
hateful, or harassing content. We may suspend or terminate your account if you send or distribute content through the Services that we determine, in our sole discretion, contains either of the following:
(i) Any statement, photograph, advertisement, or other content that in our sole judgment could
be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others; or
(ii) Any statement, image, photograph, advertisement, or other content that in our sole judgment
could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity,
religious affiliation, age, disability, disease, or immigration status.
(c) You may not use our Services if you are a person or you are a member of an organization
that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm.
(d) You may not distribute content that is materially false, inaccurate, or misleading in a
way that could deceive or confuse others about important events, topics, or circumstances.
In the event that we determine, in our sole discretion, that you are not complying with this
Section and/or our Acceptable Use Policy, we may terminate your access to or use of the Services, disable your account or access to the Services, and/or remove all or a portion of your content, in each case, without notice or liability and without refund.
2.6 with respect to your use of the Frocket.
Any information you post may be accessible to anyone with internet access, and any personal or other information you include in your posting may be read, collected and used by others.
2.9 Omitted for future use
we have no obligation to monitor the content provided by you or your use of the Services, including Your Products (as defined below), we may do so. We shall be entitled, without liability to you, to immediately suspend, terminate or limit your access to the
Services at any time, delete or confiscate all or a portion of your contacts, files, content, and/or domain name registrations and/or terminate this Agreement for any reason in our sole discretion, including a determination by us that (a) the Services are
being used by you, or your Authorized Users, in violation of any applicable laws or regulations or this Agreement, including our , (b) the Services are being used by you in an unauthorized, inappropriate, or fraudulent manner, (c) the use of the Services by you adversely affects our equipment or service to others, (d) we are prohibited by an order
of a court or other governmental agency from providing the Services, (e) there is a security incident or other disaster that impacts the Services or the security of the Services, your account or your content, or (f) any amount due under this Agreement is not
received by us within fifteen (15) days after it was due. You further understand and agree that we and any applicable third party that supports, posts, publishes or distributes any content provided by you, including content provided through Your Products,
has the right to reformat, edit, monitor, reject, block or remove any such content at any time or for any other reason.
at your request, we agree to perform Professional Services for your benefit, the parties will execute a Statement of Work. Each Statement of Work will be governed by this Agreement. Any conflict between this Agreement and a Statement of Work will be resolved
in favor of such Statement of Work solely with respect to the professional or consulting services described therein.
5.1 The Services may permit you to, among other things, (a) create an e-commerce store (“Store”)
for selling your products and/or services (“Store Content”), (b) book appointments with your users (“Appointments”), (c) communicate about or administer contests, competitions, sweepstakes, or other similar promotional events (“Promotions”), (d) sell your
products and services and tickets to your events to your subscribers and others in the form of various promotional deals, coupons, tickets, vouchers, passes or cards (each, a “Deal”), or (e) collect donations (each a “Donation Campaign,” and together with
Store, Store Content, Appointments, Promotions, collectively, “Your Products”).
5.2 You are solely responsible for Your Products, including any and all injuries, illnesses,
damages, claims, liabilities and costs suffered in respect thereto. You shall be responsible for all costs of procuring and delivering Your Products, including any associated shipping, taxes and any other fees associated therewith.
5.3 You will be solely responsible for any and all statements and promises you make and for
all user assistance, warranty and support of Your Products, and to comply with any promises you make to your customers, users, donors and donees. You further agree to provide your contact information for any end-user questions, complaints or claims. To the
extent applicable, you shall ensure that the rules for each Promotion (a) state that each entrant or participant unconditionally releases us of any liability arising from the Promotion, and (b) inform each entrant or participant that the Promotion is in no
way sponsored, endorsed or administered by, or associated with, us.
6.1. We reserve the right to send messages to you to (a) inform you of changes or additions
to the Services, this Agreement or the Fees (defined below), (b) to inform you of violations of this Agreement or actions relating to your access and use the Services, or (c) for marketing and other purposes. You may unsubscribe from our marketing communications
at any time, although you will continue to receive transactional messages from us.
6.2 You acknowledge that we may contact you via telephone (either by a live person, automatic
dialer, prerecorded message or a combination of the foregoing) to discuss the Services and you consent to such contact. Further, you consent to receive such phone calls at the telephone number you entered in your account. You do not need to agree to this provision
in order to use or procure the Services and if you would like us not to contact you by telephone, please send an email to email@example.com with the subject line DO NOT CALL. Upon request, we may also contact you
via telephone (including by automatic dialer or prerecorded message) or text you in order to provide you with your password or other information you request.
6.3 You agree that we may, but are not obligated to, monitor or record any of your telephone
conversations and chat texts with us for quality control purposes, for purposes of training our employees, and for our own protection. You further agree that any Authorized Users or anyone else you authorize to use your account consents to such monitoring
or recording as well. You acknowledge that not all telephone lines or calls may be recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved or even if retained and retrievable
will be made available to you.
7.1 We own and shall retain all right, title and interest in and to all Intellectual Property
Rights in the Services and Professional Services. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Services or Professional Services, including any right to obtain possession of any software,
source code, data or technical material related to the Services or Professional Services. Any use of the Services other than as specifically authorized herein, including our Acceptable Use Policy, is prohibited and will automatically terminate your rights
with respect to your use of the Services and Professional Services.
7.2 You own any information that you provide to us in connection with your use of the Services,
such as contact lists (including email addresses and phone numbers of your contacts) and other content (including your website) (collectively, “Customer Data”). You grant us a limited, non-exclusive, royalty-free, worldwide license, with the right to sublicense,
use, reproduce, publish, distribute, perform and display your Customer Data in order (a) to provide the Services under this Agreement, (b) to develop services, and (c) to comply with any court order, legal process, law, regulation or any request from a governmental,
regulatory or supervisory body. We may use and disclose aggregated data that does not identify Customer or any natural person for our legitimate business purposes, including improvements to the Services, product development, research and marketing.
7.3 You are solely responsible for the accuracy, quality, integrity, legality, reliability and
appropriateness of Customer Data, and you are responsible for maintaining, securing and storing your contacts and content in accordance with applicable law and any contractual obligations you may have (including this Agreement).
7.4 If you submit any suggestions, business information, ideas, concepts or inventions or content
to us through the Services or otherwise (“Submissions”), you agree that each such Submission is non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us a non-exclusive,
royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known
or hereafter created.
9.1 You represent and warrant that your use of the Services, including in connection with Your
Products, will comply with all applicable laws and regulations. You are responsible for determining whether the Services are suitable for you to use in light of your obligations under any applicable laws or regulations. You may not use the Services for any
unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
9.2 If you collect any personal information pertaining to a minor and store such information
within your account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
10.2 Customer Warranties. You warrant that (a) you have complied, and shall continue to comply,
with Data Privacy Laws in your collection, processing and provision to us of personal information; and (b) you shall not process any personal information using the Services, or permit us to process any personal information, in breach or contravention of any
order issued to, or limitation of processing imposed on, you by any regulatory authority.
10.3. for information regarding how we collect, use, and disclose your personal
information and personal information in Customer Data, and the privacy rights available to you when you use and interact with the Services
10.5 Sensitive Information. You will not import or incorporate into any contact lists or other
content you upload to our servers any of the following information: social security numbers; national insurance numbers; credit card numbers; passwords; security credentials; protected health information; or nonpublic personal information of any kind. If
you are a covered entity under the Health Insurance Portability and Accountability Act of 1996 and you believe the content you import to our servers may constitute protected health information due to its association with your account, you should contact us
at firstname.lastname@example.org to request a business associate agreement (“BAA”) prior to using the Services with your contacts. Whether or not we enter into a BAA with you, this Agreement, including the prohibition on importing or incorporating nonpublic personal
information, remain in effect for your account. You agree not to import or incorporate any protected health information in the Services other than the fact that the individuals on your contact lists may have a relationship with your business.
10.6 , which may be modified by us from time to time. Your customer privacy notice will either adopt the or include substantially similar disclosure (and update such disclosure from time to time) so that your contacts are aware of how their data is used by you and us.
email message sent in connection with the Services must contain an “unsubscribe” link that allows contacts to remove themselves from your mailing list and a link to the then-current description. Each such link must remain operational for at least sixty (60) days after the date on which you send the message, and must be in form and substance satisfactory to us. You agree that you will not remove, disable
or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within ten (10) days of submission and update the email addresses to which messages are sent through your account. You cannot charge a
fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe
request. As required under the CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
hereby agree to defend, indemnify and hold us, our officers, directors, employees, affiliates, subsidiaries, licensors, agents, members, sponsors, investors, agents, and representatives (each, an “Indemnified Party”) harmless from any losses, damages, judgments,
fines, reasonable attorneys’ fees, and costs, in connection with any third party claims arising out of or relating to (a) any actual or alleged breach by you of this Agreement, (b) your contacts and content, including the content or effects of any messages
you distribute, websites you publish, events you host, surveys you administer, social media campaigns you publish, or Your Products (including claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, defective
products or services or unclaimed property), or (c) otherwise arises from or relates to your use of the Services. Any settlement that does not fully release the Indemnified Party from liability or which would impose any monetary, injunctive or other obligation
or restriction upon the Indemnified Party shall be subject to the Indemnified Party's prior written approval. The Indemnified Party may participate in the defense of the claim with counsel of its choosing at its expense; provided, that if you fail to promptly
assume the defense or settlement of the claim, the Indemnified Party may assume sole control of the defense of the claim at your expense.
14.1 You represent and warrant that (a) you have all necessary rights and consents to post and
distribute Your Products and the Customer Data through the Services, (b) that Your Products and Customer Data will (i) not infringe, misappropriate, or otherwise violate the Intellectual Property Rights or other rights of any third party, (ii) not constitute
defamation, invasion of privacy or publicity, or otherwise violate any similar rights of any third party, (iii) not be used in any activity in violation of the law or to promote such activities, including a manner that might be illegal or harmful to any person
or entity, and (iv) comply with applicable industry standards, and (c) that your use of the Services will not violate any rules, restrictions, policies, or requirements of your email service provider, internet service provider or other applicable service provider.
(i) YOU EXPRESSLY AGREE THAT THE SERVICES (INCLUDING ANY CUSTOM SERVICE OFFERINGS) ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES, INCLUDING IN CONNECTION WITH YOUR PRODUCTS, AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT
THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
(ii) NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE
OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
(iii) TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED
TO (A) YOUR PRODUCTS, (B) ANY CONTENT POSTED ON OUR SERVICES OR IN ANY MATERIALS YOU SEND USING THE SERVICES, AND (C) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE
OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).
15.1 EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO OUR GROSS NEGLIGENCE, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FROCKET OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, ACCOUNT PROVIDERS, LICENSORS, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “FROCKET”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN
IF FROCKET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY
TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY US TO YOU IN THAT TWELVE (12) MONTH
PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
15.2 You agree that we have set our Fees and entered into this Agreement in reliance upon the
disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they
form an essential basis of the bargain between the parties.
of the Services or Technical Data. The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the U.S. Department of Commerce, U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”),
U.S. Department of State, and other U.S. authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using
the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine),
(b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person, (c) otherwise a prohibited party under U.S. Trade Laws, or (d) engaged in nuclear, missile, chemical or biological
weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, we do not register, and prohibit the use of any of the Services in connection with, any Country-Code
Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions.
17.1 The Services contain links to websites operated by third parties, including our partners
and Resellers and third-party suppliers and providers, which may include marketing and advertising services, social bookmarking services, social network platforms, publication and delivery services, payment processing services and other payment intermediaries
or websites (each, a “Third Party Service”), some of which may have established relationships with us and some of which may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control,
the material, including computer software or other goods or services, made available on Third Party Services, and we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the
information, material, goods, or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party
Services. We may terminate any Third Party Services' ability to interact with the Services at any time, with or without notice, and in our sole discretion, with no liability to you or to any third party.
17.2 You agree to abide by the terms and conditions of any applicable Third Party Service (including
Facebook, Paypal, Google and Apple). Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to
avoid the restrictions set forth in this Agreement
18.1 If you believe any materials accessible on or from the Services infringe your copyright
or other intellectual property, you may request removal of those materials (or access thereto) from the Services by contacting our copyright agent (identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe
the work, and where possible include a copy or the location (for example, the URL) of an authorized version of the work.
(ii) Identification of the material that you believe to be infringing and its location. Please
describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
(iii) Your name, address, telephone number and (if available) email address.
(iv) A statement that you have a good faith belief that the complaint of use of the materials
is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information that you have supplied is accurate, and indicating that
“under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to the Services is as follows:
7037 Twin Hills Ave, Suite 155
Dallas, TX 75231
For all email submissions please include the subject line: DMCA Takedown Request.
18.2 In an effort to protect the rights of copyright owners, we maintain a policy for the termination,
in appropriate circumstances, of our customers who are repeat infringers.
however, that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court only on an individual, non-class basis).
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS, SUBSCRIBERS OR USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the class action waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 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. If you initiate a litigation or any other proceeding against us in violation of this paragraph, you agree to pay our reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).