Amazon Live Training by eComProAcademy.com
Terms of Use
Welcome to the Amazon Live Training by eComProAcademy.com (hereafter “the Training”)! the Training is an advanced service provided by eComProAcademy.com, (hereafter “eComPro”). Please read these terms and conditions carefully. By your use of this Training and associated online services, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this Training. If you do not agree with these terms and conditions, please do not access these services. Be aware that these terms of service are subject to the Non-Disclosure Agreement included herein, as well as the Welcome Document, and that those documents may be modified at any time, regardless of any effect those modifications have on this document.
Disclaimer of Warranty
ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS TRAINING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE FOREGOING, THE TRAINING DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. ECOMPRO MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED IN THIS TRAINING, YOUR RESULTS FROM USING THIS SERVICE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. ECOMPRO DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS TRAINING, THEIR SERVERS, OR E-MAIL SENT FROM ECOMPRO WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. ECOMPRO MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS TRAINING.
THIS DISCLAIMER BY ECOMPRO IN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER’S OR THIRD PARTY SELLER’S WARRANTY, IF ANY, RELATED TO THE GOODS PURCHASED VIA THIS TRAINING. TITLE TO GOODS AND MERCHANDISE IS RETAINED BY ECOMPRO UNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY THE PURCHASER AT WHICH TIME TITLE PASSES TO THE PURCHASER. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, NEITHER ECOMPRO NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS TRAINING OR ANY OTHER WEBSITE INCORPORATED INTO THIS TRAINING. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF ECOMPRO IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.
BE ADVISED THAT ECOMPRO IS A PROFESSIONAL CONSULTING SERVICE DESIGNED TO ASSIST CUSTOMERS AND STUDENTS IN GAINING KNOWLEDGE REGARDING ONLINE SALES. ECOMPRO IS NOT A PARTNER IN YOUR ONLINE SALES BUSINESS, AND BEARS NO RESPONSIBILITY WHATSOEVER FOR YOUR ABILITY OR LACK THEREOF TO INSTITUTE THE PRACTICES AND KNOWLEDGE WE IMPART WITH OUR CONSULTING ENTERPRISE. ECOMPRO CANNOT AND DOES NOT OFFER ANY GUARANTEE OF SUCCESS OR PROFIT IN YOUR INDIVIDUAL ONLINE BUSINESS.
Trademarks and Copyrights
You agree that all content appearing in this Training including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of eComPro or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content provided is the exclusive property of eComPro and protected by United States and international laws. All software used in eComPro is the property of eComPro or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the the Training Services for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content in this Training or the exploitation in any other manner of any of the content of this Training, in part or in whole, is strictly & expressly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Training is strictly prohibited.
The information and educational products contained on this Training are proprietary and are considered a trade secret by the owners of the information and educational products. This information and the educational products are the property exclusively of eComPro. It is important for the user of this service to understand that under no circumstances is it allowed by eComPro for the end user of this service to disclose or divulge any of the information or educational products to ANY other person. Violation of this agreement will result in the termination of permission to use this service, as well as any and all remedies available at civil or criminal law.
eComPro does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed in any part of our services, without the prior written consent of eComPro. eComPro prohibits the use of the the Training logo or other proprietary graphics or trademarks as a link to any Website unless the creation of such a link is approved in advance, and in writing, by eComPro. Registered and unregistered proprietary information is owned and held by eComPro and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this service in any form, either mentioned or unmentioned.
eComPro and the Training are trademarks or trade dress in the United States and/or other countries. eComPro’ trademarks and trade dress may not be used in connection with any product or service that is not eComPro’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eComPro or the Training. All other trademarks not owned by eComPro that appear on this in any of our Training materials are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, eComPro or the Training .
You agree that eComPro encourages you to exercise discretion browsing the internet. Our products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. eComPro and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from eComPro, and eComPro has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between the Training and another Website further does not mean that eComPro endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. eComPro expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the eComPro domain.
Use Restrictions
This Training is for your personal, non-commercial use only. You agree that you will not use this Progam for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content in this Training by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing eComPro or the Training’s name or any trademarks; to engage in any activity that interferes with a user’s access to our services or the proper operation of this Training. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit the intellectual property portions of this service for any commercial purpose. You also agree that in using this Training you will not impersonate any person or entity.
When accessing our professional services, which includes online sales consulting, and when accessing information, communicating with consultants or other clients, or in any other fashion communicating with or via eComPro’ services, you must abide by the following rules: You must not use obscene or vulgar language; You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; you must not submit content that is intended to promote or incite violence; it is advised that submissions are made using the English language as we may be unable to respond to submissions in any other languages; the means by which you identify yourself must not violate these terms of use or any applicable laws; you must not impersonate other people, particularly employees and representatives of eComPro or our affiliates; and you must not use our services for unauthorized mass-communication such as “spam” or “junk mail.”
Unlawful Conduct
You agree that you are prohibited from posting or transmitting to eComPro, or any of its clients or participants in its services, any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. eComPro reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access to these services.
Termination of Use of this Training
You agree that any violation of these Terms and Conditions, the unauthorized use of this Training, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use our services. eComPro reserves the right to terminate or suspend your access to our Training and its content and use at any time, with or without notice at eComPro’ discretion.
Product Descriptions
eComPro attempts to be as accurate as possible. However, eComPro does not warrant that product descriptions or other content of this Training is accurate, complete, reliable, current or error free. If a product offered by eComPro is not as described, your sole remedy is to return it in unused condition.
Limited Availability and Price
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, eComPro shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. eComPro shall have the right to limit the number of items purchased through this service. eComPro shall have the right to refuse or cancel any order whether or not the order has been confirmed and your wire transfer received. If the wire transfer has already occurred for the purchase and your order is canceled, eComPro shall immediately either terminate the wire transfer, or initiate a return transfer in the amount of the charge. In the future, payments may be accepted via credit card. In the event of a refund under the terms of this paragraph, your credit card account will be immediately credited in the amount of the refund.
Revisions
eComPro may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Training including, without limitation, any content, products, services or prices offered through this Training. eComPro shall not be liable to you or any third party should it exercise this right to modify or discontinue this Training. eComPro also reserves the right to revise the Terms and Conditions of this Training at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing from eComPro, you are deemed notified and bound by any changes to these Terms and Conditions. We encourage users to review these Terms and Conditions periodically to remain informed of any changes to them.
Refunds
It is important to understand that you will need to put in the time and effort that is required to build your business. Because, ultimately, the responsibility to build and grow your business does rely upon you, eComPro requires you to acknowledge that no earnings claims have been made. Further, by participating in this Training, you are going to be given immediate access to confidential and proprietary information. Because of this, all purchases of eComPro products and Training are final.
Substitutions
If it becomes impossible for you to participate in a course, you may substitute another person to participate in your place. To substitute, please submit written notification of the attendee’s name, e-mail address, phone number, and mailing address to the office of eComPro via letter or e-mail
to [email protected]. Some restrictions apply. Substitute attendee must meet any course prerequisites prior to attending. Memberships, comebacks, and select courses are not available for substitution.
Transfers
All products and services are granted to and contracted to the individual or entity named in the service contract. No product or service may be transferred to any other party or entity except those named in the service contract. Course registrations are not transferable.
Forfeiture
Should you not attend the course, and fail to notify eComPro in writing of any changes, there will be no refunds or substitutions available. In this case, you forfeit any registration monies paid to eComPro.
Payments
All payments must clear the financial institution upon which they are drawn and this document must be signed prior to commencing any consulting services. Any Non-Sufficient Funds (NSF) will result in the maximum allowable insufficient funds fee (minimum of $20). Refunds of payments may be made according to the terms of Section X above.
Release
Each student may be required to sign a waiver prior to entering the room where a live course is being taught. The waiver form pertains to the recording and future use of the Training, its content, and any exchanges between the instructor and participants, both written and oral. The waiver will be available for viewing prior to signing. Signing the waiver is voluntary; however, if you elect not to sign the waiver, you will not be allowed to participate in the Training, and your participation fees will be refunded.
Electronic Communications
When you use our services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any and all agreements, notices, disclosures and other communications between you and the Training are absolutely confidential and may not be disclosed or divulged to ANY other person.
Consent
By accessing, browsing and/or using our services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use our services.
Privacy Policy
The privacy of those who use our services is of primary concern to eComPro. We adhere to the highest ethical standards of the industry. We automatically gather some data from everyone who uses our services, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual users of our services. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain or relationship with you. The only other circumstances under which we divulge this information as as follows: Where we are legally compelled to do so; where we have reason to believe that someone, especially a child, is at risk of harm; where there is a duty to the public to disclose; where disclosure is permitted by law and required to protect our interest; where disclosure is made at your request or with your consent.
Disclosure to Authorities: eComPro cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this policy. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Thus, as a consulting services customer, you implicitly authorize eComPro to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose eComPro or its users to legal liability.
Indemnification
You agree to indemnify, defend and hold harmless eComPro, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Training.
Enforceability, Governing Law and Jurisdiction
In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this Training, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. Any action against eComPro or the Training arising from, or relating to, your access to and use of this Training and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in Salt Lake County, State of Utah. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Salt Lake County, State of Utah, for the adjudication of all claims by the Training against you arising from, or relating to, your access to and use of our services and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to Utah law as the governing law and to the sole and exclusive venue being Salt Lake County, State of Utah. If you do not agree to these terms then you must immediately cease using our services and its services. Your continuing to use this Training and its services will constitute your consent to these terms.
eComPro’ failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eComPro in writing. You acknowledge and agree that you will not seek to litigate any claims against eComPro or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Limitations on Actions
Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Training must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.
Your Representations
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.
Non-Compete/Non-Disclosure Agreement
This “Agreement” incorporates by reference the standards of the International Chamber of Commerce (ICC), Paris, France, on Non-Disclosure, Non-Circumvention and Working Agreements – including Privacy, Confidentiality and Cooperation. It shall bind each signatory for one term of two years (24 months) after execution regardless of the success of any specific transaction, and shall automatically extend to a new term of two years (additional 24 months) from the start of any roll, extension, renewal or additional transaction between the principals. To achieve the mutual benefits of cooperation, eComPro and Recipient understand and agree as follows:
WHEREAS, each Party recognizes the valuable proprietary rights which each has established, and that it is in the best interests of each party to protect and preserve such rights as have been attained, maintained, developed, serviced and accomplished by each prior to this Agreement, and;
WHEREAS, the undersigned desire to enter a working business relationship to the mutual and common benefit of the parties hereto, including their affiliates, subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (herein after referred to as affiliates); and
WHEREAS, the President of the United States, in signing HR 3723 on October 11, 1996, has authorized this Agreement by giving corporations the right to declare their contracts, clients, internal procedures and information and the transactions they engage in as corporate of trade secrets fully protected under the economic and industrial espionage laws of the U.S.A and the Internal Economic Community.
NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the parties hereby agree as follows:
TERMS AND CONDITIONS:
Each party agrees to not circumvent any other Party, e.g., to avoid proper payment of fees or returns to a Party or exclude a Party from proper participation, even for a rational reason (to facilitate a deal or to avoid losing a deal). Each Party agrees to not contact, or attempt to contact, directly or indirectly, any “Confidential Contact” of any other party, or use any “Confidential Information” provided by any other Party, or disclose any of said information to anyone or entity, without a real need and the consent of said other Party for each such contact, use or disclosure, and then only after an agreement on fees.
The parties will maintain complete confidentiality regarding the parties’ business know-how, proprietary information and confidential information. As used herein “Confidential Information” shall mean any and all technical and non-technical information provided by eComPro, including but not limited to: data or other proprietary information relating to products, inventions, plans, methods, processes, know-how, developmental or experimental work, computer Trainings, databases, authorship, customer lists (including the names, buying habits or practices of any clients), the names of vendors or suppliers, marketing methods, reports, analyses, business plans, financial information, statistical information, or any other subject matter pertaining to any business of eComPro or any its respective clients, consultants, or licensees that is disclosed to the Recipient under the terms of this Agreement. Each Party holding a Confidential Information document owned by another Party agrees to promptly comply with a request by the owning Party to return or destroy the document and agrees to not retain any part of it in any form or in any medium (computer or fax file, etc.) – and the owning Party shall be the final authority on the use and disclosure of said information and its removal from all media.
Confidential Information does not include information which:
Recipient further acknowledges that it will have access to certain of eComPro’ Confidential Information and agrees that it shall not directly or indirectly divulge, disclose or communicate any of the Confidential Information to any third party, except as may be required in the course of any formal business association or dealings with eComPro and in any event, only with the prior written approval of eComPro. Recipient acknowledges that no license of the Confidential Information, by implication or otherwise, is granted to Recipient by reason of this Agreement. Additionally, Recipient acknowledges that it may only use the Confidential Information in connection with its business dealings with eComPro and for no other purpose without the prior written consent of eComPro. Recipient further agrees that all Confidential Information, including without limitation any documents, files, reports, notebooks, samples, lists, correspondence, software, or other written or graphic records provided by eComPro or produced using eComPro’s Confidential Information, will be held strictly confidential and returned upon request to eComPro. The conditions of this Agreement shall survive the termination of this Agreement.
During this agreement, and for the twenty-four month period following the termination of this agreement, Recipient shall not enter the employment of, share proprietary information to, provide services for or engage in any other way any other business of a similar nature to the business of eComPro, LLC without the written consent of eComPro, LLC.
Recipient warrants and guarantees that during this agreement and for the twenty-four month period following the termination of this agreement shall not directly or indirectly engage in any similar business with eComPro’s current clients or former clients, nor shall Recipient solicit any client of eComPro’s for the benefit of a third party that is engaged in a similar business to that of eComPro or hire any employees or sales staff or former employees or sales staff of eComPro.
Recipient agrees to disclose the Confidential Information to any agents, affiliates, directors, officers or any other employees (collectively, the “Employees”) solely on a need-to-know basis and represents that such Employees have signed appropriate non-disclosure agreements or taken appropriate measures imposing on such Employees a duty to third parties (1) to hold any third party proprietary information received by such Employees in the strictest confidence, (2) not to disclose such third party Confidential Information to any other third party, and (3) not to use such Confidential Information for the benefit of anyone other than to whom it belongs, without the prior express written authorization of the eComPro.
Upon termination or expiration of the Agreement, or upon written request of the Company, Recipient shall promptly return to the Company all documents and other tangible materials representing the Company’s Confidential Information and all copies thereof. The Company shall notify immediately the Recipient upon discovery of any loss or unauthorized disclosure of the Confidential Information.
Parties violating this Agreement shall be liable for payment to the non-violating Parties all gains from the violation plus liquidated damages plus any additional amount required by a Settlement. Any Party injured by a violation shall be entitled to compensation of at least the scheduled amount from each transaction involving the violating Party plus all costs and any liquidated damages agreed to or awarded. In any processing under this Agreement, each injured Party shall be entitled to reasonable attorneys fees in addition to any other entitled relief. If any Party violates this Agreement, each Party shall be entitled to injunctive relief to restrain the violations. Additionally, in the event of circumvention of this agreement by either party, directly or indirectly, the circumvented party shall be entitled to a legal monetary penalty of $1,000,000 (ONE MILLION DOLLARS) in liquidated damages, in addition to all legal costs and expenses incurred to recover the lost revenue. The parties agree that the nature of the business being performed by the parties renders it virtually impossible to calculate the damages that would occur in the event of circumvention of this agreement. Therefore, the parties agree that the sum referenced herein is a fair and adequate compensation in the event of a circumvention of this agreement.
This Agreement is subject to the Economic and Industrial Espionage Law of the International Economic Community. Any disclosure not authorized herein or under applicable law of the names, identifies, bank coordinates or other key information regarding such transactions, or any of the details thereof, may be deemed to be a felony making the violator subject to Criminal Prosecution.
Each Party agrees to participate in good faith negotiations toward resolution of any dispute, claim, controversy or other matter. Each Party agrees that if a dispute is not resolved within 30 calendar days by the Parties themselves, it shall be submitted for settlement by binding arbitration. eComPro, at its sole discretion, shall select the arbitrator and the venue thereof.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without reference to its conflicts of laws principles. Any disputes arising from or related to the subject matter of this Agreement shall be heard in a court of appropriate jurisdiction in Lee County, State of Florida, and the parties hereby consent to the personal jurisdiction and venue of these courts. If any provisions of this Agreement or its applications is held to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of any other provisions and applications herein shall not in any way be affected or impaired.
AGREEMENT TO TERMS:
Signatures of this agreement received by the way of facsimile, mail and / or e-mail shall be deemed to be an executed contract. Agreement enforceable and admissible for all purposes as may be necessary under the terms of the agreement.
All signatures hereto acknowledge that they have read the foregoing agreement and by their initials and signature that they have full and complete authority to execute the document for and in the name of the party for which they have given their signature.
By signing below, the parties acknowledge this agreement as valid and accept the other parties’ electronic signature as original hand-written signature, and thus enforceable in any court.
ACCEPTED AND AGREED WITHOUT CHANGE.