DISCLAIMER:
Customer represents and warrants that it will review and approve all mailers and final proofs prior to the final proof being mailed out. Once a final proof and mailer has been approved by the Customer, BetterMail.biz is no longer responsible for any of the content therein. Additionally, BetterMail.biz does not represent, warrant nor guarantee the response or success of any mailer sent. BetterMail.biz is not responsible for nor does it guarantee a specific mailing date and is not responsible for any mailer delivered late. Customer acknowledges that Florida law prohibits pre-selected give aways and Customer does hereby and by these presents, for themselves, its successors and assigns, fully acquit, release, and forever discharge BetterMail.biz, its heirs, successors, and assigns, of and from any and all claims, demands, damages, costs, attorneys fees, actions, and causes of action, whether arising at law or in equity, which BetterMail.biz may incur for Customers violation of Florida State law. Additionally, Customer does hereby and by these presents, for themselves, its successors, and assigns, fully acquit, release, and forever discharge BetterMail.biz, its heirs, successors, and assigns, of and from any and all claims, demands, damages, costs, attorneys fees, actions, and causes of action, whether arising at law or in equity, which BetterMail.biz may incur in trademark and/or copyright infringements due to the mailers approved by Customer. Should Customer fail to pay any amounts due BetterMail.biz or any other monetary obligations when due, then interest shall accrue on the outstanding amount due at the rate of 18% per annum together with a late charge of $150.00. All rights and remedies of BetterMail.biz specified herein are cumulative and none shall exclude any other rights or remedies allowed by law or equity. In the event court action relating to this Agreement is brought by either Party against the other, the prevailing Party shall be entitled to recover from the non-prevailing Party reasonable attorneys fees and costs incurred in such action, the amount thereof to be fixed by the court. Consent to Personal Jurisdiction and Venue: Waiver of Jury Trial. The Customer hereby consents to personal jurisdiction and venue, for any action brought by BetterMail.biz arising out of a breach or threatened breach of this Agreement, exclusively in the Circuit Court in and for Huntsville, Alabama; the Customer hereby agrees that any action brought by him or her, alone or in combination with others, against BetterMail.biz whether arising out of this Agreement or otherwise, shall be brought exclusively in the Circuit Court in and for Huntsville, Alabama. The Customer hereby agrees that any controversy which may arise under this Agreement would involve complicated and difficult factual and legal issues. Any action brought by BetterMail.biz against the Customer or brought by the Customer, alone or in combination with others, against BetterMail.biz, whether arising out of this Agreement or otherwise, shall be determined by a Judge sitting without a jury.