TERMS OF SERVICES
This Terms of Service sets forth terms under which AELLARIA CONSULTANCY LIMITED (“Company”) shall provide services (the “Client”). Clients Must need to agree with Terms & Condition before placing any order on webxilla.com
SERVICES. Company shall provide such services (“Services”) to the Client as described in the Statement of Work attached here to (“SOW” or “Statement of Work”). Company shall perform Services in a prompt manner and have the final [WEBSITE, MOBILEAPP, ECOMMERCE STORE, SOCIAL MEDIA, SEARCH ENGINE OPTIMIZATION, ALL the services offered on webxilla.com ] or service (“Deliverable”) ready for Client no later than the due date specified in the applicable SOW (“Completion Date”). This due date is subject to change in accordance with the Change Order process defined in the applicable SOW. Client shall assist Company by promptly providing all information requests known or available and relevant to the Services in a timely manner.
CONTRACT PRICE. For performance of the Services and rendering the Deliverable(s), Client shall pay to Company all fees due under the applicable SOW.
DATES OF PERFORMANCE. Company will begin performing Services upon receipt of the signed Agreement. Unless terminated as provided in this Agreement, Company will complete the Services by the Completion Date. Deliverable(s) shall be furnished to Client within 30 days of final payment for the Services.
CHANGE IN SERVICES. The Parties may execute additional Statements of Work describing Services, which will become part of this Agreement upon execution by Company and Client. If additional SOW are executed, then Client shall pay Company for all Services performed prior to the additional SOW before Company begins work on the new SOW.
If the Client desires to initiate changes to the SOW, it shall submit to Company a written request to do so. The request will set forth the nature of the Client’s proposed changes to the SOW. Client shall complete and return to the Company a written document (“Change Order”) setting forth (i) a written description of the changes to the SOW, (ii) any changes to the schedule, and (iii) any changes or additions to the fees. A Change Order will be binding only if signed by both Parties. Any and all Change Orders will be governed by the terms and conditions set forth in this Agreement, and are hereby incorporated by this reference.
TERMINATION. Company shall have the right to modify, reject, or terminate any SOW and any related work in process with seven days written notice to Client. In the event Company terminates the SOW prior to completion of Services, the Client shall pay Company the fees due under the SOW with respect to Services completed as of the date of termination. Upon settlement of funds due to Company, all Client provided materials will be returned to Client.
PAYMENT OF SERVICES. In exchange for Company’s Services under this Agreement, Client shall pay Company the Contract Price set forth above. Company will submit a final invoice to Client for all Services rendered and Client shall promptly pay. Client is restricted from using any form of the Deliverable(s) until final payment is received. In the event of a good faith dispute with regard to an item appearing on an invoice, Company shall have the right to withhold the Deliverable(s) while the Parties attempt to resolve the dispute.
WARRANTY DISCLAIMER. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT AND ANY SOW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS AGREEMENT, OR THE PERFORMANCE OF THE SERVICES CONTEMPLATED BY THIS AGREEMENT.
INDEMNIFICATION. Client agrees to protect, defend, hold harmless and indemnify Company and its successors, assigns, directors, officers, members, employees and agents (collectively, the “Authorized Representatives”), from and against any and all claims, demands, actions, liabilities, damages, losses, fines, penalties, costs and expenses, including reasonable attorneys’ fees (collectively referred to as “Claims”), actually or allegedly, directly or indirectly, arising out of or related to any actions taken or omitted to be taken by Company or any of Company’s Authorized Representatives in connection with the performance of any of the Services to be provided by Company to Client here under, other than Claims that are the direct result of bad faith, gross negligence or willful misconduct of Company or Company’s Authorized Representative.
LIMITATION OF LIABILITY. Company shall not be liable to Client or to any other person or entity for any losses, costs or damages caused by, attributable to or arising in connection with the performance, non-performance or delayed performance of the Services to be provided to Client contemplated by this Agreement, except for such losses, costs or damages attributable to Company’s bad faith, gross negligence or willful misconduct for which damages Company will be liable. Notwithstanding the foregoing, Company shall not be liable for any special, indirect, consequential or punitive damages in connection with the Services to Client even if Company has been advised of the possibility of such damages.
OWNERSHIP OF DELIVERABLES. “Intellectual Property Rights” means any and all (a) rights associated with works of authorship, including but not limited to copyrights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patents and (c) all other intellectual property rights in any jurisdiction throughout the world.
To the fullest extent permitted by law, Company retains ownership in all Intellectual Property Rights of the Deliverable(s). Upon full payment for the Deliverable(s), Company grants Client a perpetual, non-exclusive and non-transferable license to use, copy, reproduce, display, or distribute the Deliverable(s).
Client shall retain sole ownership of all Intellectual Property Rights in connection with any original material it provides to Company for use within the Deliverable(s).
If termination occurs under Section 5, upon full payment for the work in process, Company will grant Client a perpetual, non-exclusive and non-transferable license to use, copy, reproduce, display, or distribute the work in process. In no event will Company be liable for any claims related to or arising from Client’s improper use of the Deliverable(s), work in process or any of the components that comprise the Deliverable(s) or work in process.
COMPLIANCE WITH LAWS. Each Party shall perform all of its obligations under this Agreement in compliance at all times with all foreign, federal, state and local statutes, orders and regulations, including those relating to privacy and data protection.
NOTICES. All notices permitted or required under this Agreement shall be in writing and shall be delivered in person or mailed by first class, registered or certified mail, postage prepaid, to the address of the Party specified in this Agreement or such other address as either Party may specify in writing. Such notice shall be deemed to have been given upon receipt.
13.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties, and supersedes all prior agreements, representations and understandings of the parties, written or oral.
13.2 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
13.3 Amendment. This Agreement may be amended only by written agreement of the Parties.
13.4 Assignment. This Agreement shall not be assigned by either Party without the written consent of the other Party.
13.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Florida/USA without regard to its conflict of laws rules.
13.6 No Waiver of Rights. A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
13.7 Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force, as long as the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable.
13.8 Remedies. Company reserves all remedies available at law or equity for any disputes that arise under this Agreement. In the event of a suit or proceeding under this Agreement, Client agrees to pay all attorneys’ fees if the federal or state court renders judgement substantially in Company’s favor.
13.9 Support & Maintenance. AELLARIA CONSULTANCY LIMITED will not be bound with any package to give the support or maintenance service after the first 7 days of launching unless you are not going to buy the maintenance
and support package only first 7 days are free support after the 7 days after the date of launching of site
company will not be bound under any circumstances to give the free support or maintance.
14: Site, Database or Records. AELLARIA CONSULTANCY LIMITED will not be responsible of any data, data base, Information,
post, page, content, media, domain, website ranking or mobile app ranking in search engines or appstores or any loss under any circumstances and will not be responsible to retreive or backup the website, data, data base, Information, post, page, content, media, domain, website ranking or mobile app ranking in search engines or appstores under any circumstances after the date deliver the site to owner.
15: Security: AELLARIA CONSULTANCY LIMITED will not be responsible of the security for any Webapp, WebStore, MobApp and all the products offering or selling by AELLARIA CONSULTANCY LIMITED from any of kind of loss, attacks, viruses or any other damages and will not be liable to give any kind of refund under any circumstances.
WEB HOSTING TERMS & CONDITIONS
The terms and conditions described herein govern your purchase and use in any manner of all products and services ordered by the Client and provided by AELLARIA CONSULTANCY LIMITED
By purchasing and using the services you agree to all of the terms and conditions outlined here.
AELLARIA CONSULTANCY LIMITED reserves the right to modify any of the terms and conditions contained within this agreement at anytime and for any reason. Company can make modifications to the terms and conditions without notice to the Client. The continued use of the service implies you agree with the changes and agree to be bound by them.
Client agrees to pay for service using credit card and any future renewals will be billed to the same card unless otherwise canceled. Payment will be billed monthly or annually depending on the package selected and agreed upon. Payment will be made for the selected term.
Term and Termination
This Agreement is effective from the date services are purchased and will continue until terminated by either party. Client has the right to terminate services at anytime. Company has the right to terminate services within 5 days of providing a written notice for any reason but also including failure to pay or breach of the terms and conditions.
Upon termination for any reason, all data stored on the Client account will be deleted and cannot be restored.
You are permitted to upload, store, publish, display and distribute text, images and videos through our services. This includes any content added by you or users of your website. You agree that in use of our services you hold the right to post the content on your website.
The client holds full rights to all content except illegal, hate rate, porn, or terrorism related content and
AELLARIA CONSULTANCY LIMITED is not Responsible for your content in any nature.
By purchasing services you agree you are eighteen (18) years of age or older as the services provided are solely intended for users eighteen years of age or older. Any registration or use of the account by anyone under the age of eighteen (18) is in violation of this agreement.
If the provided service is used by another party on behalf of the client, as the other party you agree to be bound to this Agreement and to use the service responsibility as intended by the Client.
We will reach out to you in the even there is a problem or issue with your account that requires your attention. It is your responsibility to keep your contact information up-to-date. The Company cannot be held responsible for your inaccurate or out-of-date information.
You are responsible for any and all use on your account. It is your responsibility to keep your account confidential.
In the event of non-payment, the Client is not permitted to use the website in any manner.
Accounts cannot be used to host websites not owned by the Client. The Client does not have the right to resell any portion of the account.
The Company provides support through the email helpdesk . You can expect a response within 24 hours and you should expect a response during standard business hours.
WEBSITE MAINTENANCE AND SUPPORT
We, Our , Means (webxilla.com)
You Means Client
Our web team works primarily in the Content Management System called WordPress, so our web maintenance packages only apply to WordPress sites.
We require a minimum investment of 3 months at your initial sign up,if you are not our client but we have a good feeling you’ll want to stay with us longer. Our team is just that good.
We don’t include web hosting maintenance or domain maintenance, this in web maintenance plans. However, it is included as part of the package for our web hosting packages.
Any hosting issues or maintenance are not included in the current maintenance plans. This type of work would be addressed in the additional paid hourly edits that are included in each plan.But if you already our customer you dont need to worry about we cover your back with hosting maintenance with all of our hosting plans.
if you opt not to sign up for a plan, the rate is $125/hour for any website edits, hosting issues, etc. This is one reason we strongly suggest signing up for one of our plans.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. Client agrees to only store information on their account in agreement with the terms and conditions. The Company does not monitor the data on any website and the Client is solely responsible for any sensitive information displayed or submitted on the website.
The Company has the right to remove any portion of a website to take corrective action at the sole discretion of the Company. The Company also has the right to suspend or terminate services without a refund in the Client is found to be in violation of the terms and conditions. The Company does not hold any liability for any corrective action that was required to be taken.
The Company has the right to refuse any subject matter it deems inappropriate.
Company makes no warranties or representations of any kind for the service provided. Company is not responsible for any loss or damages that may be suffered by Client from delays or errors of the Client. It is the Client’s responsibility to maintain a regular back-up of any data stored in the Client’s account including website, database, files and any other data.
Company does provide back-up services at an additional fee to assist the Client with back-up of data if desired.
Company works hard to maintain all equipment associated with the service so it performs optimally, however, as with all technology on occasion there may be disruptions of service. In the event of service failure, the Company is limited to damages of the pro-data monthly charge during the time of service interruption.
Permissions and Releases
The Client agrees to indemnify and hold harmless the Service Company against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
Transfer of Agreement
Client may not assign or transfer this Agreement. In the event that Client assumes a new owner due to sale of the company or any other reason, the Client shall notify Company in writing at least 30 days prior to the effective date.
Third Party Products and Services
The Company may provide referrals to third party products and services. It is the Client’s responsibility to confirm the terms and conditions of the third party products and services as the Company is not an agent or representative of any kind of any third party. The Company is also not responsible for any content displayed on on third party websites.
Both Client and Company agree to defend each party against any third-party claim or suit alleging and breach in accordance with these terms and conditions. Customer shall indemnify for all losses, damages and liabilities including all reasonable expenses incurred by the Company Name as a result of the claim. The Company shall also indemnify the Client for for all losses, damages and liabilities including all reasonable expenses incurred by the Client as a result of the claim.
Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State Florida. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Limitation of Liability
The liability of the AELLARIA CONSULTANCY LIMITED shall not exceed the amount paid by the customer during the 3 months prior to the date of the claim. The Company is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.
Website Changes and other rules
Web Site Changes – AELLARIA CONSULTANCY LIMITED is not responsible for changes made to Customer’s web site(s) by other parties that adversely affect the search engine or directory rankings of Customer’s web site(s).
Additional Services– Additional services not listed herein will be provided for a fee of $100.00 per hour. AELLARIA CONSULTANCY LIMITED is not responsible for developing new content or writing new copy for Customer. Customer will be charged an additional fee for writing content, based on the hourly rate of $100.00 per hour.
Indemnification– Customer shall indemnify and hold harmless AELLARIA CONSULTANCY LIMITED (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by AELLARIA CONSULTANCY LIMITED as a result of any claim, judgment, or adjudication against Slamdot related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Slamdot (the “Customer Content”), or (b) a claim that Slamdot’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, AELLARIA CONSULTANCY LIMITED must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
Disclaimer of All Other Warranties– AELLARIA CONSULTANCY LIMITED DOES NOT WARRANT THAT THE SEO SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, AELLARIA CONSULTANCY LIMITED PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVER ABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCE ABILITY OF ANY REMAINING PROVISIONS.
Limited Liability– IN NO EVENT SHALL AELLARIA CONSULTANCY LIMITEDBE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. SLAMDOT MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
Customer Representations– Customer makes the following representations and warranties for the benefit of AELLARIA CONSULTANCY LIMITED:
Customer represents to AELLARIA CONSULTANCY LIMITED and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Slamdot are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Slamdot and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided AELLARIA CONSULTANCY LIMITED for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend AELLARIA CONSULTANCY LIMITED and its subcontractors from any liability or suit arising from the use of such elements.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend AELLARIA CONSULTANCY LIMITED and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Customer’s exercise of Internet electronic commerce.
Confidentiality– The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memorandum, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, AELLARIA CONSULTANCY LIMITED and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
Force Majeure– Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
Relationship of Parties– AELLARIA CONSULTANCY LIMITED in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, or otherwise, to perform any obligation of AELLARIA CONSULTANCY LIMITED, whether by regulation or contract. In no way is AELLARIA CONSULTANCY LIMITED to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.
Notice and Payment– Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.
Jurisdiction/Disputes– This Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Florida including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
Agreement Binding on Successors– The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
Assignability– Customer may not assign this Agreement or the rights and obligations there under to any third party without the prior express written approval of AELLARIA CONSULTANCY LIMITED.
AELLARIA CONSULTANCY LIMITED reserves the right to assign subcontractors as needed to this project to ensure on-time completion.
Waiver– No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
Severability– If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
No Inference Against Author– No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
Disputes– Customer and AELLARIA CONSULTANCY LIMITED agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Dade County, Florida and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Florida sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Florida or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
Read and Understood– Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.