Go Risk Free Inc Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the GoRiskFree.com, or GRF.com (Go Risk Free Inc.) website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer or Site visitor, "we", us" and "our" and “company” refer to Go Risk Free, Inc. and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Legal Department.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to Go Risk Free Inc's Supplemental Terms of Service for Corporate Center and Subscription Services, Privacy Policy and Full Disclaimer, each of which is incorporated herein by reference.

GoRiskFree.com and GRF.com provide an online portal to give visitors a general understanding of the business services and to provide an automated software solution to individuals who choose to prepare their own corporate documents. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.  Use of company website and its Services are not substitutes for the advice of an attorney.

Go Risk Free Inc strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Go Risk Free Inc cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Go Risk Free Inc provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

1. Privacy Policy. Go Risk Free Inc respects your privacy and permits you to control the treatment of your personal information. A complete statement of Go Risk Free Inc’s current Privacy Policy can be found by clicking here. Go Risk Free Inc's Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Go Risk Free Inc immediately of any unauthorized use of your account, user name or password. Go Risk Free Inc shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Go Risk Free Inc, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain Go Risk Free Inc products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Go Risk Free Inc a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information. You may revoke this license and terminate Go Risk Free Inc's rights at any time by removing your personal information from the applicable service.

2. Ownership. This Site is owned and operated by Go Risk Free, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Go Risk Free Inc or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Go Risk Free Inc, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Go Risk Free Inc's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Go Risk Free Inc does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Go Risk Free Inc. Any rights not expressly granted herein are reserved by Go Risk Free Inc.

3. Limited Permission to Download. Go Risk Free Inc hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than Go Risk Free Inc (each a "Third Party Site"). Go Risk Free Inc works with a number of partners and affiliates whose sites are linked with Go Risk Free Inc. Go Risk Free Inc is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. Go Risk Free Inc makes no guarantees about the content or quality of the products or services provided by such sites. Go Risk Free Inc is not responsible for webcasting or any other form of transmission received from any Third Party Site. Go Risk Free Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Go Risk Free Inc of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Go Risk Free Inc is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of [Go Risk Free Inc Form Service]. On our Site and through certain partners, we offer for sale self-help "fill in the blank" forms. If you buy a form from one of our partners, you will be directed to that partner's website and their terms of use will control. If you buy a form on our Site, the terms and conditions of these Terms of Use control. You understand that your purchase and use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use.

Go Risk Free Inc grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited:

By ordering Forms, you agree that the Forms you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Go Risk Free Inc.

6. Additional Terms. Some Go Risk Free Inc Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

7. Reviews, Comments, Communications, And Other Content. At various locations on the Site, Go Risk Free Inc may permit visitors to post reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of Go Risk Free Inc:

Go Risk Free Inc is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that Go Risk Free Inc members may choose to post and distribute as User Content. Go Risk Free Inc does not screen works before they are posted, and no prior approval is required for posting. Go Risk Free Inc disclaims all copyright and ownership in such works and all responsibility for them.

Although we cannot make an absolute guarantee of system security, Go Risk Free Inc takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by This e-mail address is being protected from spambots. You need JavaScript enabled to view it for help.

If Go Risk Free Inc's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Go Risk Free Inc reserves the right to delete those files or to stop those processes. If the Go Risk Free Inc technical staff suspects a user name is being used by someone who is not authorized by the proper user, Go Risk Free Inc may temporarily disable that user's access in order to preserve system security. In all such cases, Go Risk Free Inc will contact the member as soon as feasible.

Go Risk Free Inc has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.

Go Risk Free Inc reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of Go Risk Free Inc Users or Other Posters of User Content:

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Go Risk Free Inc service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for obtaining the copyright holder's permission first.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to Go Risk Free Inc to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.

The use of your Go Risk Free Inc user account or posting User Content for any illegal activity under the laws of North Carolina and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside Go Risk Free Inc's locality or your own residence. Go Risk Free Inc is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and Go Risk Free Inc cannot guarantee that you won't run into legal trouble in other jurisdictions over your posting.

Your Rights and Responsibilities as a Go Risk Free Inc User and Reader of User Content:

You are not required to provide your real name when signing up as a user of Go Risk Free Inc. Go Risk Free Inc permits anonymous or pseudonymous accounts. Any user may request that such member's e-mail address be hidden to provide for additional privacy.

If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, Go Risk Free Inc staff will not take a role in mediating conflicts between you and other users. Go Risk Free Inc does not take responsibility for your behavior or that of other users. Notwithstanding the foregoing, if such a complaint or conflict arises, the user or users may request that Go Risk Free Inc moderator intervene and attempt to resolve any such dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other or (iv) successfully resolve the situation. The decision to intervene rests with Go Risk Free Inc, in our sole and absolute discretion.

Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact Go Risk Free Inc via E-MAIL as soon as possible.

8. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GO RISK FREE INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

GO RISK FREE INC MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. GO RISK FREE INC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL GO RISK FREE INC, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF GO RISK FREE INC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Indemnification. You agree to defend, indemnify and hold harmless Go Risk Free Inc, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

11. Unsolicited Submissions. Except as may be required in connection with your use of Go Risk Free Inc Services, Go Risk Free Inc does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Go Risk Free Inc through or in association with this Site shall be considered non-confidential and Go Risk Free Inc's property. By providing such submissions to Go Risk Free Inc you hereby assign to Go Risk Free Inc, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Go Risk Free Inc shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

12. Compliance with Intellectual Property Laws. When accessing Go Risk Free Inc or using Go Risk Free Inc's document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Go Risk Free Inc user account.

Go Risk Free Inc has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Go Risk Free Inc or of a third party or that violate intellectual property rights generally. Go Risk Free Inc's policy is to remove such infringing content or materials and investigate such allegations immediately.

If you believe that your copyright has been infringed, and you would like Go Risk Free Inc to remove the material in question, please contact the Legal Department.

13. Inappropriate Content. When accessing the Site or using Go Risk Free Inc's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Go Risk Free Inc reserves the right to terminate or delete such material from its servers. Go Risk Free Inc will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

14. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

15. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

16. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of North Carolina, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in North Carolina, and in the County of Guilford. You and Go Risk Free Inc agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

17. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2007-2009, Go Risk Free Inc.com, Inc. ALL RIGHTS RESERVED.

18. Trademarks. Go Risk Free Inc, Go Risk Free Inc.com, GRF, the bi-colored "GRF" logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Go Risk Free Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

19. Acknowledgement. BY USING GO RISK FREE INC'S SERVICES OR ACCESSING THE GO RISK FREE INC SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Full Disclaimer. Go Risk Free Inc is not a law firm, and the employees of Go Risk Free Inc are not acting as your attorney. Go Risk Free Inc's document service is not a substitute for the advice of an attorney. Go Risk Free Inc.com, Inc.("Go Risk Free Inc") is a document filing and business consulting company. Go Risk Free Inc cannot provide legal advice and can only provide self-help services at your specific direction. Go Risk Free Inc is not an attorney and may not perform the legal services that an attorney performs.

By using Go Risk Free Inc to assist your self-representation, you agree to the following:

·                                 I am representing myself in this legal matter. No attorney-client privilege is created with Go Risk Free Inc;

·                                 I have been informed of the services that Go Risk Free Inc is performing and the cost of these services;

·                                 Neither the clerk of the County of Guilford nor any other governmental entity or authority has evaluated or approved Go Risk Free Inc's knowledge or experience, or the quality of Go Risk Free Inc's services;

·                                 I may obtain information about free or low-cost legal representation through a local bar association or legal aid foundation and I may also contact local law enforcement, a district attorney or a legal foundation if I believe that I have been a victim of fraud, the unauthorized practice of law or any other injury;

·                                 Go Risk Free Inc is not permitted to engage in the practice of law. Go Risk Free Inc is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

·                                 If, prior to my purchase, I believe that Go Risk Free Inc gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase and any purchase that I do make will be null and void;

·                                 Go Risk Free Inc exists within the County of Guilford in the State of North Carolina. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of Go Risk Free Inc occurs solely within the County of Guilford in the State of North Carolina, and that all content and services shall be deemed to be served from, and performed wholly within, North Carolina, as if I had physically traveled there to obtain the service. I agree that North Carolina law shall govern any disputes arising from my use of this website, and that the courts of the County of Guilford, State of North Carolina, shall have exclusive jurisdiction over any disputes; and

·                                 I understand that I have the right to rescind any contract for any Go Risk Free Inc services within 24 hours of the signing of it by giving Go Risk Free Inc any written statement to the effect that the contract is cancelled. On the rescission of the agreement for services, Go Risk Free Inc shall immediately return to me any fees paid, except fees for services that were actually, necessarily and reasonably performed on my behalf.

USE OF COMPANY'S SERVICES AND PRODUCTS IS AT CUSTOMER'S SOLE RISK. NEITHER COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT COMPANY'S SERVICES AND PRODUCTS WILL WORK FOR EVERY POTENTIAL TRANSACTION; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF COMPANY'S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH COMPANY'S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF A TRANSACTION, WHETHER RESULTING FROM DELAYS, OR THE INABILITY TO FIND A LENDER WILLING TO FUND A TRANSACTION WHETHER OR NOT CAUSED BY COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.THERE ARE NO OTHER AGREEMENTS, VERBAL OR OTHERWISE UNLESS CONTAINED HEREIN. THE COMPANY IS NOT A LENDER NOR IS THE COMPANY RESPONSIBLE FOR ARRANGING LOANS FOR THE CUSTOMER. THE COMPANY PROVIDES A CREDIT PROFILE. THE CUSTOMER IS RESPONSIBLE FOR UTILIZING THE CREDIT PROFILE TO OBTAIN LOANS AS AVAILABLE TO AND DESIRED BY CUSTOMER.

THE SOLE CUMULATIVE LIABILITY OF COMPANY FOR ALL CLAIMS MADE BY CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO COMPANY BY CUSTOMER LESS EXPENSES PAID BY THE COMPANY.

This Agreement shall be governed in all respects under the laws of the State of North Carolina applicable to contracts made, accepted and performed wholly in North Carolina, without application to principles of conflict of laws, and Customer and Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be  arbitration as specified below:

Arbitration. Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in Greensboro, North Carolina. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS' rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

If any part of this agreement is inapplicable, all other parts of this agreement shall remain independent and shall remain in full effect.