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| Terms and Conditions |
Please read the Membership Agreement
Membership Terms and Conditions
Please read this Agreement carefully before applying for membership in Find Notary Public. Membership in the Find Notary Public, hereafter referred to as Membership in FIND NOTARY PUBLIC, shall constitute acceptance of and agreement to be bound by this Agreement. If you have any questions about this Agreement, please contact us via e-mail at support@findnotarypublic.com
THIS AGREEMENT ("Agreement") is entered into by and between FIND NOTARY PUBLIC.com, (TrinityDistributing.net LLC), and any individual, corporation, association, agency, company, or other entity that becomes a member of FIND NOTARY PUBLIC.com (hereinafter, "Member" or "you"). By executing this Agreement, you represent that you are 18 years or older, and that you have authority to enter into this Agreement.
FIND NOTARY PUBLIC.com is a World Wide Web ("web") site on the Internet which is designed to allow a Member to post a web page and related postings, to be viewed by other Members and non-members who visit the site online. FIND NOTARY PUBLIC.com is owned and operated by TrinityDistribiting.net LLC contains or may contain information, communications, opinions, text, graphics, links, electronic art, video, software, photos, and other material and data (collectively, "Content"). The content may be organized and collected in a variety of formats that are accessible to Members and non-members, including searchable directories and databases, and areas of the FIND NOTARY PUBLIC.com that can be modified by Members such as registering member preferences, posting web pages, and uploading graphics files. Additionally, content may include communication areas, such as Interactive forums for posting by Members and non-members.
1. INDIVIDUAL MEMBER RIGHTS AND RESPONSIBILITIES
1.1 Access to FIND NOTARY PUBLIC.com. You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access FIND NOTARY PUBLIC.com. Any Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing FIND NOTARY PUBLIC.com are solely the responsibility of the Member.
1.2 Member Conduct. You agree to membership in and use of FIND NOTARY PUBLIC.com for lawful purposes only. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of FIND NOTARY PUBLIC.com in its entirety, (ii) the use of any networks or other services connected to the Internet and FIND NOTARY PUBLIC.com, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Internet and FIND NOTARY PUBLIC.com. By membership in FIND NOTARY PUBLIC.com, you agree that you will not:
a. restrict or inhibit any other Member or non-Member from using and enjoying any feature(s) or FIND NOTARY PUBLIC.com.
b. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
c. post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
d. post or transmit any information, software or other material which contains a virus, Trojan horses, bombs, cancelbots, Easter eggs, or other computer programming routine that detrimentally interfere with, surreptitiously intercept or expropriate any system or personal information; that create liability for us or cause us to lose (in whole or in part) services of our ISP or other suppliers or other conduct which is harmful to our site or information provided by other members, or do any act intended to or which causes any banner, pop-up, or advertising to appear or cause any "cookie" to attach to or be downloaded upon FIND NOTARY PUBLIC.com, or any of its members' hardware or software, or that of any other vendor or user;
e. alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access FIND NOTARY PUBLIC.com;
f. agree not to access data not intended for you; log into an account you are not authorized to access; take any action in order to obtain information to which you are not entitled; attempt to probe, scan, or test the vulnerability of FIND NOTARY PUBLIC.com or attempt to interfere with FIND NOTARY PUBLIC.com
g. disrupt the normal flow of communication in an Interactive Area;
h. claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
i. violate any operating rule, policy or guideline of your Internet access provider or online service;
j. represent or hold yourself out to be an agent of FIND NOTARY PUBLIC.Com, TrinityDistributing.net LLC, or any affiliate, subcontractor, or licensee of the same.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 FIND NOTARY PUBLIC.com Content.
a. You acknowledge that Content on FIND NOTARY PUBLIC.com is generally provided by FIND NOTARY PUBLIC.Com; TrinityDistributing.net LLC; Members; non-members; Vendors ("Sponsors"); and/or other Users. You acknowledge that FIND NOTARY PUBLIC permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that FIND NOTARY PUBLIC owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
b. You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content (whether copyrighted, trademarked or otherwise), in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to the "TrinityDistributing.net" and its URL address and/or other additional URL addresses. You acknowledge that the FIND NOTARY PUBLIC, its Members, Sponsors, non-members, and/or other Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by Members. You may create post, publish, reproduce and distribute the web page you provide for accessing and viewing through FIND NOTARY PUBLIC.com. You agree to include only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on FIND NOTARY PUBLIC.com, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." You also permit any Member, non-member, or other User to access and view, but not store nor reproduce the Content for any use.
2.3 Content Provided by Members, Non-Members and Other Users. You may upload to any Interactive Area or otherwise transmit post, publish, reproduce or distribute, on or through FIND NOTARY PUBLIC.com only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on FIND NOTARY PUBLIC.com, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the FIND NOTARY PUBLIC the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the FIND NOTARY PUBLIC to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any Member, non-member, or other User to access and view, store and reproduce the Content for any use.
3. INTERACTIVE AREAS.
You acknowledge that FIND NOTARY PUBLIC.com may include various interactive areas ("Interactive Areas"), including but not limited to the Forum. These Interactive Areas allow feedback to FIND NOTARY PUBLIC.com and real-time interaction between Members and Guest Members. You further understand that the FIND NOTARY PUBLIC management does not control the messages, information, or files delivered to such Interactive Areas and that the FIND NOTARY PUBLIC may offer you and other Users the capability of creating and managing an Interactive Area. However, neither TrinityDistributing.net LLC, National Notary Public Asociation dba as FIND NOTARY PUBLIC, nor its respective directors, officers, employees and public are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the FIND NOTARY PUBLIC team cannot, and does not intend to, screen communications in advance. Moreover, because FIND NOTARY PUBLIC encourages open and candid communication in the Interactive Areas, FIND NOTARY PUBLIC cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. FIND NOTARY PUBLIC is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that FIND NOTARY PUBLIC has the right (but not the obligation) to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, FIND NOTARY PUBLIC may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. FIND NOTARY PUBLIC reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written FIND NOTARY PUBLIC policy in effect at that time, (ii) be harmful to the rights of any User, FIND NOTARY PUBLIC, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
4. FEES, REFUNDS AND TERMINATION.
4.1 Fees. Membership fees must be paid by credit card or check as in advance of posting content on FIND NOTARY PUBLIC.com web site. It is NOT the policy of FIND NOTARY PUBLIC to invoice members for fees. Membership fees and payment provisions are posted on the "Membership" page at FIND NOTARY PUBLIC.com. By entering into this Agreement, You are agreeing to the terms of payment as posted. Members whose fees are determined to be unpaid due to denial by Member's credit card company or insufficient-funds check will have their membership suspended resulting in web page and any related unique postings, such as job openings, being immediately removed from FIND NOTARY PUBLIC.com web site until valid payment is received by FIND NOTARY PUBLIC. Fees are subject to change without prior notice. New fees, whether higher or lower, will automatically apply to membership renewals. Unless cancelled by member, fees will be charged and membership renewed automatically for one year at the rate current at the end of expiration of the membership period
Member hereby grants Find Notary Public; and/or TrinityDistributing.net LLC; the right to charge against their credit card all sums owed for any fees described under this Agreement, both at the time said credit card information is provided, and on an ongoing basis, without the need for obtaining any further signatures or consent of Member regarding the same. In conjunction therewith, in the event said charge is otherwise disallowed or disputed, Member agrees that Member shall be responsible for all expenses incurred in conjunction therewith, including all costs or fees incurred by FIND NOTARY PUBLIC in conjunction with the defense or collection of the same.
4.2 Refunds. Guarantee. Members who are dissatisfied with membership in FIND NOTARY PUBLIC.com may terminate their membership as their exclusive remedy. We DO NOT offer refunds because of the propriety nature of the content in the website. Our Satisfaction Guaranteed states that “If you do receive at least one engagement in a 12 month period from your membership listing- Your next year’s membership fees are on us” FIND NOTARY PUBLIC reserves the right to determine method of payment of membership fees. Member affords FIND NOTARY PUBLIC a reasonable time for said settlement of annual dues prepayment to be no sooner than 14 days and no later than 60 days from date of request.
4.2.1 Individual Membership. Annual membership fees WILL NOT be refunded in full or in part because of the proprietary nature of the content of the website.
4.2.2 Quarterly Membership. No Quarterly memberships exist at this time.
4.2.3 Reinitiating Membership. Any former Member who previously cancelled membership in FIND NOTARY PUBLIC.com will be allowed to initiate a new membership at the express determination of FIND NOTARY PUBLIC. National Notary Public Association dba as FIND NOTARY PUBLIC.com reserves the right to refuse membership to any Member who evidences abuse of the policies as outlined herewith.
4.2.4 Additional Rights. The only right with respect to dissatisfaction with any policies, guidelines, or practices of FIND NOTARY PUBLIC in operating FIND NOTARY PUBLIC.com or any change in Content, is outlined in 4.2.1 and 4.2.2 above, is for you to discontinue the services of FIND NOTARY PUBLIC.com
4.2.5 Merchandise. All Merchandise purchased through affiliates stores must adhere to such affiliate’s individual policies as to returns and refunds. FIND NOTARY PUBLIC accepts no responsibility for affiliates policies and procedures and the member agrees to release FIND NOTARY PUBLIC.com from any liability concerning and or transacting business with FIND NOTARY PUBLIC affiliates. Any and all charges incurred in connecting to, and purchasing from the FIND NOTARY PUBLIC Affiliates and accessing their websites and products are solely the responsibility of the Member.
4.2.6 Service Outages. Member agrees to hold FIND NOTARY PUBLIC harmless for ordinary outages due to interruption in service resulting in FIND NOTARY PUBLIC.com being unavailable to Members and non-Members. Termination shall be Member's exclusive remedy. TrinityDistributing.netLLC, FIND NOTARY PUBLIC.com shall not be liable for lost profits or any special or consequential damages arising out of or in connection with FIND NOTARY PUBLIC.com web site, our services, or this Agreement (however arising, including but not limited to negligence.)
4.3. Termination.
4.3.1 Termination of Membership. FIND NOTARY PUBLIC may terminate or temporarily suspend your access to all or any part of FIND NOTARY PUBLIC.com without notice, for conduct that FIND NOTARY PUBLIC believes is a violation of this Agreement or any policies or guidelines, including the Privacy Policy, posted by FIND NOTARY PUBLIC, or for other conduct which FIND NOTARY PUBLIC believes, in its sole discretion, is harmful to FIND NOTARY PUBLIC.com or other Users.
4.3.2 Termination of FIND NOTARY PUBLIC.com. TrinityDistributing.net LLC may discontinue operating FIND NOTARY PUBLIC.com and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access FIND NOTARY PUBLIC.com, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from FIND NOTARY PUBLIC.com, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive. Termination of FIND NOTARY PUBLIC.com at the discretion of FIND NOTARY PUBLIC will however not entitle Members with paid Memberships in good standing to any partial refunds, because of the proprietary nature of the content of the website.
5. LINKS; DISCLAIMERS OF WARRANTIES; LIMITATIONS OF LIABILITY.
5.1 Links. You understand that except for Content, products or services expressly available at FIND NOTARY PUBLIC.com, neither FIND NOTARY PUBLIC, its respective directors, officers, employees, and public controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from FIND NOTARY PUBLIC.com. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of FIND NOTARY PUBLIC.com or controlled by FIND NOTARY PUBLIC. FIND NOTARY PUBLIC neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from FIND NOTARY PUBLIC.com, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither FIND NOTARY PUBLIC nor its respective directors, officers, employees, and public shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from FIND NOTARY PUBLIC.com or your inability to access the Internet or any site linked to or from FIND NOTARY PUBLIC.com.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on FIND NOTARY PUBLIC.com It is the policy of FIND NOTARY PUBLIC not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. You expressly agree that your use of FIND NOTARY PUBLIC.com is at your sole risk. Neither TrinityDistributing.net LLC, its respective directors, officers, employees, public, contractors, affiliates, licensors or other suppliers providing content, data, information or services warrants that FIND NOTARY PUBLIC or any internet site linked to or from FIND NOTARY PUBLIC.com will be uninterrupted or error free, that defects will be corrected, or that this site, including the interactive areas, or the server that makes it available are free of viruses or other harmful components. Nor do any of them make any warranty as to the results that may be obtained from the use of FIND NOTARY PUBLIC.com or any internet site linked to or from FIND NOTARY PUBLIC.com or as to the timeliness, sequence, accuracy, authority, completeness, usefulness, noninfringement, reliability, availability, or substance of any content, information, service, or transaction provided through FIND NOTARY PUBLIC.com or any site linked to or from FIND NOTARY PUBLIC.com. FIND NOTARY PUBLIC.com is provided on an "as is," "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose. Member is given no assurances or representations as to how many visits or "hits" will be made to FIND NOTARY PUBLIC.com web site or income that might be derived therefrom. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS-IS" AND WITHOUT WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
Our liability, and the liability of our subsidiaries, officers, directors, employees and suppliers, to you or any third party under any circumstances, is limited to the greater of (i) the amount of refund described in Section 4.2 above or (ii) $100.
5.3 Limitation of Liability. Under no circumstances shall FIND NOTARY PUBLIC, its respective directors, officers, employees, public, contractors, or licensors, be liable for any incidental, special or consequential damages under or arising from this agreement, FIND NOTARY PUBLIC.com, or any Internet site linked to or from FIND NOTARY PUBLIC.com, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records.
Under no circumstances shall FIND NOTARY PUBLIC, its respective directors, officers, employees, public, contractors, or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within FIND NOTARY PUBLIC.com or the content contained within any Internet site linked to or from FIND NOTARY PUBLIC.com. The content within FIND NOTARY PUBLIC.com and the content within Internet sites linked to or from FIND NOTARY PUBLIC.com may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of FIND NOTARY PUBLIC.com and specifically are included in this section agreement. FIND NOTARY PUBLIC and its contributors may make improvements and/or changes in the content at any time and from time to time.
You specifically acknowledge and agree that FIND NOTARY PUBLIC.com is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user. If you are dissatisfied with any FIND NOTARY PUBLIC.com site content, or with the access agreement of FIND NOTARY PUBLIC.com, in whole or in part, your sole and exclusive remedy is to discontinue using FIND NOTARY PUBLIC.com.
6. INDEMNITY.
You agree to indemnify and hold TrinityDistributing.net LLC, its subsidiaries, FIND NOTARY PUBLIC, its respective directors, officers, employees, and public from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of FIND NOTARY PUBLIC.com or any Internet site linked to or from FIND NOTARY PUBLIC.com, or in connection with the transmission of any Content on FIND NOTARY PUBLIC.com.
7. MISCELLANEOUS.
This Agreement comprises the entire agreement between FIND NOTARY PUBLIC and You, and supersedes any prior agreements with respect to the subject matter herein. FIND NOTARY PUBLIC may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on FIND NOTARY PUBLIC.com. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing FIND NOTARY PUBLIC.com. Your continued accessing and use of FIND NOTARY PUBLIC.com following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of this Agreement shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of FIND NOTARY PUBLIC to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the FIND NOTARY PUBLIC, excluding its conflict of laws rules, and you and FIND NOTARY PUBLIC each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations hereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from FIND NOTARY PUBLIC.com have been done strictly for clarification and identification and does not constitute endorsement by FIND NOTARY PUBLIC.com of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of FIND NOTARY PUBLIC by such trademark, service mark or link owner.
8. NOTICES.
Except as explicitly stated otherwise, any notices shall be given by postal mail to: Find Notary Public, 9159 Sabal Palm Circle, Windermere, FL 34786.
9. DISPUTE RESOLUTION.
9.1 Binding Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of an award sought is less than $10,000, you or we may elect to resolve the dispute through binding arbitration conducted by telephone and/or based solely upon written submissions where no in-person appearance shall be required in such cases, and the arbitration shall be administered by the American Arbitration Association, in accordance with their applicable rules, or any other established alternative dispute resolution mutually agreed upon by the parties. Any judgment on the award rendered by the same may be entered in any court having jurisdiction thereof.
9.2 Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Orange County, Florida, and you specifically agree to submit to the personal jurisdiction of the courts located within Orange County, Florida.
9.3 Alternative Dispute Resolution. Alternatively, we will consider the use of Alternative forms of dispute resolution, such as binding arbitration, to be held in Orange County, Florida, or other location mutually agreed upon between the parties.
All claims (excluding request for injunctive or equitable relief) between the parties shall be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs, up to $10,000, if the party seeking the award has notified the other party, in writing, of the improperly filed claim, and the other party has failed to withdraw the claim.
10. GOVERNING LAW; SEVERANCE.
This Agreement shall be governed in all respects by the laws of the state of Florida. If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
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