Indemnification and Dispute Resolution Terms
Website Operator(s): Rewind E Wilson, rewindewilson.com and rewindewilsondotcom, collectively referred to in this document as the “Website Operator(s)”. References to the website owner or operator refer to these Website Operator(s), as applicable.
Effective date: 2026-10-31.
These Terms apply to rewindewilson.com (the “Website”) and activities sponsored, organized, hosted or administered by its operator, Rewind E Wilson or an identified sponsor, including giveaways, contests, sweepstakes, live events, listening parties, live chats, question-and-answer sessions and other interactive activities (“Website Activities”).
These Terms include a binding arbitration provision, subject to the exceptions and protections stated below.
1. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Rewind E Wilson, the Website operator, the applicable Sponsor, and their respective affiliates, licensors, service providers, officers, directors, employees, agents and representatives, where applicable (“Indemnified Parties”), against third-party claims and resulting losses, liabilities, damages and reasonable legal expenses, but only to the extent caused by:
a. Your material breach of these Terms or applicable Website Activity rules;
b. Your unlawful, negligent or intentional wrongful conduct in connection with the Website or Website Activities; or
c. Content or information you submit, post, upload or transmit that infringes or violates another person’s intellectual property, privacy or other legal rights.
Any indemnification of fines or penalties applies only where legally permitted. Participation in a Website Activity, inability to access the Website, or submission of lawful content does not, by itself, create an indemnification obligation.
You are not responsible under this provision for losses to the extent caused by an Indemnified Party’s negligence, breach of its obligations, willful misconduct or unlawful conduct. Nothing in these Terms limits non-waivable consumer or statutory rights.
2. Notice and Defense of Third-Party Claims
An Indemnified Party seeking indemnification must promptly notify you in writing of the claim, provide reasonably available supporting information and allow a reasonable opportunity to respond. A delay in notice reduces your obligations only to the extent it materially prejudices your ability to defend the claim.
The parties will reasonably cooperate in addressing the claim. Responsibility for controlling the defense and selecting counsel will be agreed in writing or determined by the competent arbitrator or court. Neither party may assume control of the other’s defense solely by asserting that indemnification is owed.
An Indemnified Party may participate through separate counsel of its choosing, initially at its own expense, subject to any lawful later allocation of costs. No settlement may impose liability, an admission, a payment obligation or a nonmonetary obligation on another party without that party’s prior written consent. Consent must not be unreasonably withheld.
3. Binding Arbitration, Governing Law and Location
Mutual Agreement to Arbitrate
To the extent enforceable under applicable law, you and Rewind E Wilson, the Website operator or the applicable Sponsor agree that covered disputes arising from these Terms, the Website or Website Activities will be resolved through binding arbitration before a single independent and impartial arbitrator, rather than through a court trial, except as expressly provided below.
This obligation applies mutually to the parties. Arbitration awards are binding, and court review is limited to the grounds permitted by applicable law.
Administrator and Rules
Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules and Consumer Due Process Protocol. Rules and filing information are available at https://www.adr.org.
If AAA determines that another set of its rules applies to a particular dispute, the applicable mandatory consumer protections will remain preserved. Any conflict between these Terms and mandatory law or AAA’s required consumer safeguards will be resolved in favor of those protections.
Selection of the Arbitrator
Rewind E Wilson, the Website operator or the applicable Sponsor may nominate a qualified, independent arbitrator for the other party’s consideration. Appointment of that nominee requires both parties’ agreement and acceptance under AAA’s applicable rules.
If the parties do not agree on a nominee, AAA will appoint the arbitrator under its applicable procedures. Both parties retain the disclosure and challenge rights provided by those procedures and applicable law. Neither party has an unrestricted unilateral right to appoint the arbitrator.
Governing Law
Ohio substantive law governs these Terms and covered disputes, except to the extent applicable federal law or mandatory protections under another applicable jurisdiction’s law require otherwise.
The Federal Arbitration Act governs the arbitration agreement where applicable. Otherwise, applicable Ohio arbitration law governs. Choosing Ohio law does not remove any protection or remedy that cannot lawfully be waived.
United States Seat and Ohio Location
To the fullest extent permitted by applicable law and AAA’s mandatory consumer safeguards, the legal seat of arbitration will be Ohio, United States of America. Remote participation from another location does not, by itself, change that legal seat.
Hearings and conferences will ordinarily take place by videoconference or telephone, or through written submissions where appropriate under AAA’s rules. The parties agree that Rewind E Wilson may participate remotely from Ohio, subject to applicable law and any necessary authorization by the arbitrator or court.
Any necessary physical hearing will be held in Ohio unless mandatory law, AAA’s required consumer safeguards or an authorized determination requires a different location. Hearing arrangements must preserve each party’s fair opportunity to participate and must not impose an unlawful or unreasonable barrier to pursuing a claim.
A party subject to a legal travel restriction may request remote participation or another lawful accommodation. Nothing in these Terms requires a person to violate a court order or legal travel restriction, or overrides the authority of a court or arbitrator to determine appropriate arrangements.
Permitted Court Proceedings
Subject to mandatory law and the exceptions below, court proceedings permitted in connection with a covered dispute must be brought in a state or federal court with jurisdiction in Ohio, United States of America.
This provision does not prevent:
a. An eligible small-claims action permitted by applicable law or AAA’s rules;
b. A request for urgent interim relief from a court with jurisdiction;
c. A court determination concerning the existence or enforceability of an arbitration agreement;
d. Proceedings to recognize, enforce, correct or challenge an arbitration award in a court with jurisdiction; or
e. Proceedings in another forum where access to that forum is protected by non-waivable law.
Nothing prevents reporting a concern to a regulator or other public authority. These Terms do not bind an unrelated third-party claimant to arbitration without that claimant’s agreement or another lawful basis.
Unavailable or Unenforceable Arbitration
If AAA declines administration or arbitration cannot lawfully proceed, the parties may agree to another independent administrator whose procedures preserve applicable consumer protections. Neither party may unilaterally appoint a replacement administrator.
If no lawful alternative is agreed upon or ordered by a court with jurisdiction, the dispute may proceed in a competent court, subject to the venue provision above and mandatory law.
4. Legal Fees and Arbitration Costs
Unless mandatory law, applicable AAA rules or an authorized interim order requires otherwise, each party will initially pay its own attorneys’ fees and legal expenses in arbitration and any permitted court proceedings, pending the outcome.
The arbitrator or court may order reimbursement of reasonable legal fees or expenses only where authorized by applicable law or an enforceable contractual provision. A finding of responsibility does not automatically require the unsuccessful party to pay all of the other party’s legal expenses.
AAA administrative fees, filing fees, arbitrator compensation and other arbitration costs are separate from each party’s own attorneys’ fees. These arbitration costs will be allocated under AAA’s applicable rules and fee schedules, mandatory law and any authorized order. The Website operator or applicable Sponsor will pay the amounts those requirements allocate to the business.
No consumer will be required to pay or reimburse costs that mandatory law or applicable AAA consumer rules prohibit allocating to that consumer.
5. Preserved Rights and Continuing Effect
These Terms do not waive rights or remedies that cannot lawfully be waived. Ohio governing-law language does not deprive a user of mandatory protections that apply to that user or claim.
Indemnification obligations concerning conduct occurring while these Terms applied, and applicable dispute-resolution obligations, survive termination of Website access or participation.
If a provision is unenforceable, the remaining provisions continue only to the extent legally permissible. If arbitration cannot lawfully be required for a particular dispute, that dispute may proceed before a court with jurisdiction.
