in a diversity action is governed by federal law, specifically 28 U.S.C. § 1404(a). Stewart Org., 487 U.S. at 32, 108 S.Ct. at 2245. The validity of a forum selection clause is determined under the usual rules governing the enforcement of contracts in general. P & S Bus. Machs., Inc. v. Canon USA Inc., 331 F.3d 804, 807 (11th Cir. 2003). In the instant case, Digital Envoy does not contest the validity of the forum selection clause but, rather, argues that the forum selection clause is inapplicable because it does not encompass the claims asserted in this action. It is clear that a contractual forum selection clause may apply to claims sounding in tort as well as those sounding in contract. See, e.g., Stewart Org., Inc. v. Ricoh Corp., 810 F.2d 1066, 1070 (11th Cir.1987) (en banc) (<HOLDING>), ajfd and remanded on other grounds, 487 U.S.
holding that a forum selection clause should not be enforced where a consumer is told by a corporate agent to ignore boilerplate contract language containing a forum selection clause where there is a material difference in bargaining power and where the forum designated by the contract has little to do with the transaction and is gravely inconvenient for the parties and witnesses holding that the forum selection clause at issue encompassed both contract and tort claims holding that forum selection clause applied to tort claims that arose out of a contractual relationship and noting that if forum selection clauses are to be enforced as a matter of public policy that same public policy required that they not be defeated by artful pleadings of tort claims  internal citation omitted holding that a forum selection clause was not enforceable against defendants that were not parties to the contract holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum