Terms & Conditions

TERMS OF SERVICE AND END USER AGREEMENT
Last Updated: March, 2023

Artists In Business, LLC, welcomes you (“you” or “your”). This is the End User Agreement (EUA) for artistsinbusiness.com (the “Site”), which is operated by Artists In Business, LLC (the “Company”, “we,” or “us”). Your use of the site, artistsinbusiness.com, is only on the condition that you agree to abide by the following terms:

Terms of Participation.

The Site is owned and operated by the Company. By using the Site, visiting our blog, signing-up for email newsletters, registering or participating for our courses and programs, and/or having access to materials made available through our courses and programs (collectively, or any one on its own “Material(s)”) you agree to be bound by these Terms of Service and to use the Materials in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or Materials and services available through the Site or from the Company. Accessing the Materials in any manner, whether automated or otherwise, constitutes “use” and your full understanding of the terms and agreement to be bound by these Terms of Service, our Privacy Policy and Disclaimers (collectively, “Terms”).

We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on this website. By continuing to use the Site and Materials after we post any such changes, you accept the revised Terms, as modified. If you do not agree to the modified Terms, you should discontinue your use, because your continued participation constitutes binding acceptance of the modified EUA.

Restrictions on Participation.

Do not misuse the Site or Materials or any of the content provided on the Site or Materials. We may, at our sole discretion, limit, suspend, or terminate your participation in the any of the Materials and/or Site at any time without notice. You may not interfere with the presentation or delivery of the content or try to access the Site or any Material using any method other than the interface and the instructions that we provide.

As a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Materials other than as expressly allowed under this EUA; (b) use our name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or Materials or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site, Materials or servers or networks connected to the Site or Materials, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

Intellectual Property.

This Site and all the Materials and all related content, names, designs, marks, techniques and slogans, are the property of the Company, and are protected by copyright, trademark, and other intellectual property laws (“Intellectual Property”). All such Intellectual Property shall remain the property of the Company. No license to sell or distribute the Intellectual Property or any of the Company’s materials is granted or implied.

All Intellectual Property is provided solely for your personal noncommercial use. You may not use the Intellectual Property in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Intellectual Property. You agree (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

By posting or submitting any material or communication (including, without limitation, comments, blog or newsletter entries, Facebook or other social media postings, photos, videos) to or relating to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to the Company from their creation. Thus, the Company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as the Company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to the Company all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that the Company has the right but not the obligation to use and display any postings or contributions of any kind and that the Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or Material, or incorporate into another website or other service any of our material, content or intellectual property.

You agree that if you violate, or display any likelihood of violating, any of your agreements contained in this section relating to Intellectual Property, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Registration.

To access certain features of the Site or Materials, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature, such as newsletter, Facebook Group or course membership group you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and/or participation and refuse any and all current or future use of the Site or Material (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords.

To use certain features of the Site or Materials, you will need a username and password, which you will receive through the applicable registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Course and Program Policy; Nontransferable; Termination

The Profit Canvas Mentorship Program

WHEREAS,  AIB mentors creative artists on building businesses aligned with their artistic visions, and has designed a training program called Profit Canvas Mentorship (“Program”) that is its most in-depth, comprehensive program focused on helping artists grow their businesses; and 

WHEREAS, the Program consists of proprietary systems, methodologies, techniques, classes, tutorials, courses and materials for marketing, sales and business development.

WHEREAS,  Client is an artist with a business that wishes to enroll in the Program.  

NOW THEREFORE, in consideration of the terms and conditions set forth below, the Parties agree as follows: 

  1. Rates & Payments.  Payment in full is due upon the signing of this Agreement (“Effective Date”) but no later than five (5) days prior to the initial technology onboarding.  Failure to pay as scheduled will deem this Agreement null and void with AIB owing no further obligation to Client.

  2. Term. The Program runs for a four (4) month term commencing on the Effective Date of this Agreement and ending four (4) months from the Effective Date of this Agreement.

  3. Cancellation Policy.  All sales are final.  After the Effective Date, Client is expected to participate in the Program in accordance with its schedule and it is Client’s sole responsibility and obligation to do so.  AIB however, reserves the right to in its sole discretion, limit, suspend or terminate this Agreement and Client’s participation in the Program without refund if Client becomes disruptive to AIB or other Program participants, fails to follow the applicable guidelines or in AIB’s judgment, becomes difficult or unable to work with.
  4. Commitments and Responsibilities.

  5. a) Client’s Responsibilities. Client will be responsible for having a working computer with internet access and updated software as necessary, timely completion of all lessons hosted on the Program platform, participation in all live sessions and to exercise their best efforts when executing on the Program.  Client is further strongly encouraged to ask questions when in doubt and seek counsel from AIB when in need of assistance of points of clarification.

  6. b) AIB’s Responsibilities.  AIB represents that it will exercise judgment and care in designing and implementing the sales and strategic planning strategies most suitable and is focused on the achievement of the Client’s short and long term goals.  AIB will also appropriately track Client’s progress, using both objective and subjective measures, and to share this information with Client at regular intervals during the Program.

  7. Scope of Services.
  • Technology Onboarding
  • Private Roadmap Session
  • Private Slack Channel
  • Private Slack Check-Ins every Two Weeks
  • 6 Cohort Group Sessions
  • Sales Training 
  • Weekly Support Session 
    • Buyer Support Session
    • Offer Support Session
    • Tech Support Session 
  • Strategic Planning Session
  1. Disclosure. Client understands that Client recognizes and acknowledges that individual performance depends upon the individual skills, background, education, experience, time availability, and dedication of each Client in the Program and understands that his/her/its personal success from this program will be a result of his/her/its own efforts. Testimonials shared by previous clients of results experienced are not a guarantee of performance but are merely examples of previous clients who have been satisfied with AIB and this Program.  Unique experiences and past performances do not guarantee future results.   Client has based his/her/its decision to purchase on Client’s own desire and not on any express or implied performance guarantees.

  2. Further Representations. Client acknowledges that AIB has made no further representations or guarantees other than those expressed herein.  Client has not relied thereon; and AIB specifically disclaims any other representations or warranties.

  3. Further Assurances. Each of the Parties shall at all times cooperate with the other,  including without limit by executing and delivering documents and taking other actions, as may be necessary or reasonably requested to effectuate the intent and provisions of this Agreement.

  4. Confidential Information.
  5. Acknowledgments.  The Parties acknowledge (i) that this relationship places both Parties in a position of confidence and trust with the operations, customers and employees of each, through which, among other things, the Parties may obtain Confidential Information in which each have substantial proprietary interests; (ii) that this Confidential Information policy is necessary to protect and maintain such proprietary interests and the other legitimate business interests of the Parties; (iii) that Parties would not be engaged unless such covenants were included in this Agreement; and (iv) that any breach or threatened breach of this section will cause irreparable harm to each Party for which a remedy at law is inadequate and that in the event of such a breach or threatened breach, the potential aggrieved Party will be entitled to injunctive and other equitable relief.  They also acknowledge that the business of AIB and Client presently extends throughout the United States and worldwide, and accordingly, it is reasonable that the restrictive covenants set forth in this Agreement are not more limited as to geographic area than is set forth in this Agreement. They further represent that the enforcement of such covenants will not prevent either Party from earning a livelihood or impose an undue hardship on the other.
  6. Confidential Information.  Confidential Information is any and all information one Party (“Disclosing Party”) discloses to the other Party (“Receiving Party”) either directly, indirectly or via the Disclosing Party’s principals, agents, partners or affiliates, whether in writing, electronically, orally, or through demonstration including any physical manifestation thereof,  entrusted to the Receiving Party by the Disclosing Party in confidence, whether or not such information is patentable, copyrightable or otherwise legally protectable including, without limitation: (i) the names, identities, telephone numbers, email addresses, and other contact information of employees, consultants, business partners, contractors, investors, agents, brokers, vendors, including the associates or affiliates of such; (ii) technical data, trade secrets, know-how, research, business strategy, product or service ideas or plans, software codes and designs, algorithms, developments, inventions, licenses, copyright, trademark or patent applications, processes, formulas, techniques, engineering designs and drawings, hardware configuration information; (iii) business plans, sales techniques, third party agreements, company data, reports, budgets, projections, forecasts, assumptions, diagrams, templates, presentations, proposals,price lists, pricing methodologies, cost data, market share data, marketing plans, or other business information; and (iv) information disclosed in writing or orally and identified as “confidential” or “proprietary” at the time of disclosure or up to 30 days after such disclosure.  
  7. Exceptions to Confidential Information.  The items listed in Paragraph 9 shall be deemed as Confidential Information and remain so for the duration of this Agreement, including any renewal/roll-over period.  However, Confidential Information shall not include information, which can clearly be demonstrated to be (i) generally known or available to the public, through no act or omission on the part of the Receiving Party; (ii) provided to the Receiving Party by a third party without any restriction on disclosure and without breach of any obligation of confidentiality to a Party to this Agreement; (iii) or independently developed by the Receiving Party without use or access to any of the Confidential Information as evidenced by Receiving Party’s written records; or (iv) was known by Receiving Party prior to receiving such information from the Disclosing Party and without restriction as to use or disclosure. (iv) was known by Receiving Party prior to receiving such information and without restriction as to use or disclosure; or (v) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that Client shall provide prompt notice of such court order or requirement to AIB to enable AIB to seek a protective order or otherwise prevent or restrict such disclosure.  
  8. Use and Non- Disclosure.  Except as authorized by this Agreement, applicable law or the prior expressed written consent of the Disclosing Party, no Party receiving Confidential Information shall disclose any Confidential Information to any third party.  Receiving Party may however disclose Confidential Information solely to its employees and consultants who have a bona fide need to know of such Confidential Information for the Business Purpose and solely to the extent necessary to pursue the Business Purpose, and for no other purpose; provided that each such employee and consultant first executes a written agreement (or is otherwise already bound by a written agreement) that contains use and nondisclosure restrictions at least as protective of the terms set forth in this Agreement.  Each Party shall use the Confidential Information solely to further the Business Purpose contemplated by The Parties.  Each Party shall make best efforts to protect the Confidential Information from unauthorized disclosures to any third party.  Such measures shall include the degree of care that the Receiving Party utilizes to protect its own Confidential Information of a similar nature.  Recipient shall notify Disclosing Party of any misuse, misappropriation or unauthorized disclosure of Confidential Information of which may come to Receiving Party’s attention.  Notwithstanding the aforementioned, Confidential Information may be disclosed only to (i) government, regulatory, or judicial agencies as necessary to comply with any legal requirement or order; and (ii) such accountants, attorneys and other confidential advisers who need to know such Information for the purpose of advising the Receiving Party in respect to the Business Purpose, it being understood the said Party shall inform each such representative of the confidential nature of such information and require such representative to treat such information confidentially.
  9. Property Rights.  All Confidential Information remains the sole and exclusive property of the Disclosing Party. Other than the limited right to review such Confidential Information solely for the purpose of making decisions specifically pertaining to this Agreement the Parties herein acknowledge and agree that nothing in this Agreement will be construed as granting any rights to the other by license or otherwise, in or to any Confidential Information or any patent, trademark, copyright, trade secret, or other intellectual property or proprietary rights of either Party, except as specified in this Agreement.

(f) No Representations.  AIB makes no representations or provides any warranties (express or implied) regarding the Confidential Information as to the accuracy or completeness of any such information, and Client assumes full responsibility for all conclusions independently derived from such information.

  1. Limitations of Use. This Program is designed for personal use only. Client agrees that only the Client will use the Program. Client shall not resell or otherwise distribute or disseminate any parts of the Program content or materials in any manner or any part thereof, in any manner without the prior expressed written consent of AIB.

  2. Non-Solicitation.  During the Term of this Agreement and for a period of twenty-four (24) months after the date of termination of this Agreement, Client will not in any way, directly or indirectly: (i) induce or attempt to induce any employee, independent contractor, agent, consultant, customer or client of Company to terminate its relationship with Company; (ii) otherwise interfere with or disrupt Company’s relationship with its employees, independent contractors, agents, consultants and/or customers/clients; (iii) solicit, entice, or hire away any employee, independent contractor, agent, consultant, customer, or client of Company; or (iv) hire or engage any employee, independent contractor, agent, consultant, customer, or client of Company or any former employee, independent contractor, agent, consultant, customer or client of Company whose work or agreement with Company ceased less than one (1) year before the date of such hiring or engagement. Client acknowledges that any attempt on the part of Client to induce others to leave Company, or any effort by Client to interfere with Company’s relationship with its employees, independent contractors, agents, consultants, or customers would be harmful and damaging to Company; provided, however, that any such persons who did business with Client prior to the date of this Agreement or whom Company agrees in writing may have a business relationship with Client are not subject to this provision.

  3. Relationship of the Parties.   The Parties expressly acknowledge and agree that their business relationship hereunder is one of independent contractors.  Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party has authority to contract for or bind the other party in any manner whatsoever.
  4. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or contemporaneous oral or written statements, representations or agreements concerning such subject matter. The terms of this Agreement will govern all Services listed herein for Client, and may only be changed by mutual agreement of the parties in writing.

  5. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable by any court of law or competent jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of this Agreement, or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

  6. Force Majeure. AIB shall not be in breach of any term or condition hereof and shall not be liable or responsible to the Client to the extent its performance is materially delayed or hindered by any public disaster, fire, flood, earthquake, strike, embargo, public health crisis, riot, war, state of emergency, insurrection or civil unrest, any act of God, adoption of normative acts or other actions of state bodies, that impede the fulfillment by the parties of their obligations under this Agreement, any epidemic or pandemic or any other reason beyond the reasonable control or which it could not by reasonable diligence have avoided (“Force Majeure”).
  7. Assignment. This Agreement shall be assignable by AIB to any of it’s affiliated entities whether now existing or later created, including any successors in interest (the “Affiliated Entities”). However, due to the specialization of the coaching provided, Client may not assign any of its rights or obligations to any person or entity without the prior written consent of AIB, as AIB may determine in its sole discretion.

  8. Authorized Signatory.  The undersigned representing their Party has the full power and authority to enter into this Agreement and bind their Party as an entity or individual to this Agreement.  Additionally, if an entity, it is duly organized, validly existing, and in good standing under the laws of its state of organization.

  9. Waiver. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to enforce any provision of this Agreement.

  10. Choice of Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without application of any conflicts of law principles. Each of the Parties consents to the exclusive jurisdiction and venue of any court of competent jurisdiction located in New York, New York.

  11. Disputes. 

(i) Dispute Notice. In the event of any dispute arising under or related to this Agreement, the disputing party shall provide written notice of such dispute (email sufficing) to the other party (the “Dispute Notice”) and the dispute shall be resolved out-of-court (except for any application seeking to obtain equitable relief or to compel arbitration), as follows.

(ii) Negotiation. First, the Parties shall negotiate in good faith in an attempt to reach an amicable resolution of the dispute (and memorialize such resolution in a writing signed by the Parties) within one week after the date of the Dispute Notice. 

(iii) Mediation.  If resolution by Negotiation is not achieved within one 

week after the Date of the Dispute Notice, the Parties shall then proceed to  non-binding mediation in New York, New York, in accordance with the commercial mediation rules of the American Arbitration Association (the “AAA”) in an attempt to amicably resolve the dispute within two weeks of the date of the Dispute Notice. 

(iv) Arbitration. If resolution by mediation is not achieved within two weeks after the date of the Dispute Notice, the parties shall then proceed to binding arbitration in New York, New York, in accordance with the commercial arbitration rules of the AAA, in order to resolve the dispute. Any such arbitration shall be conducted by a panel of three arbitrators. Each of the Parties shall appoint one arbitrator to the panel, and the two arbitrators shall then jointly appoint a third arbitrator who shall serve as Chair of the 3-person arbitration panel. In making their decision and award, the arbitrators shall also grant the prevailing party an award of its reasonable attorney fees and costs. An arbitration award may be entered in any court of competent jurisdiction wherever located.

Limitation of Liability.

You agree that you are using our Materials at your own risk and that any information available on the Site, blog, any newsletter, any course or program or otherwise within or related to the Material is only an educational service being provided. You release the Company, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff and related entities any way as well as the venue where any courses or programs may be held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from use of any of the Site or any Materials (including inability to use the Site), any such content or participation in the courses or programs or any services made available in connection with or through the Site, Materials or by the Company in any way. You accept any and all risks, foreseeable or unforeseeable. You agree that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Site, Materials or services. Company assumes no responsibility for errors or omissions that may appear in the Site or any of the Materials, has no obligation to regularly update the Site or Materials and can terminate your access to the Site or Materials at any time, in its sole discretion. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user of our Site, the Materials, products or services. If you are dissatisfied with the Site, Materials or any such products or services, terms and conditions, your sole and exclusive remedy is to discontinue using the Site, Materials and the products, services and/or materials.

Indemnification.

You shall defend, indemnify, and hold harmless Company and the Releasees from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from a breach of this EUA. You shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this EUA. You recognize and agree that all, and each, of the Releasees shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of your payment for the right to participate in any Company courses or programs, you, you heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its members, subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the courses or programs may be held (if applicable) and any of its owners, executives, agents, or staff of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the courses or programs.

Confidentiality.

You agree not to disclose information you obtain from us (including course material) or from other seminar participants, our clients, advertisers, suppliers and forum members. You shall keep all such information in the strictest of confidence and shall use your best efforts to protect it against disclosure, misuse, espionage, loss and theft. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Dispute Resolution.

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this EUA will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances or amounts do of/by you, you are responsible for any and all arbitration, attorney and other related fees.

Equitable Relief.

In the event that a dispute arises between the parties for which monetary relief is inadequate and where a party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

Miscellaneous.

Any notices to be given hereunder by either party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: info@alexisfedor.com. This EUA shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This EUA constitutes and contains the entire agreement between the parties with respect to its subject matter, and supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. If any provision of this EUA shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EUA and shall not affect the validity and enforceability of any remaining provisions. This EUA shall be governed by and construed in accordance with the laws of the State of New York, United States of America.