PLEASE READ THIS LEGAL DISCLAIMER AND TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING OUR SERVICES
A visitor to the Website (as defined below), current Customer (as defined below) or prospective Customer is subject to this Legal Disclaimer and Terms of Service (“Terms”), as set forth below.
You and Us
Welcome to MudassarCorp (“MudassarCorp”, the “Company,” “we,” “us,” and “our”). Formally, we are MudassarCorp.com LLC. We provide our services (“Services”) online, including via our website at www.MudassarCorp.com or any website owned by MudassarCorp (collectively the “Website”), and other forms of communications such as email. Providing information on the Website also constitutes part of the Services.
We use the term “User” or “you” or “your” or “Visitor” or “Customer” to mean any past, current, or prospective customer of our Services as well as any visitor to the Website. These Terms apply to each Customer. There will be no fees for Customers to use the Services unless stated explicitly in these Terms or in other notices from Mudassar Corp to Customers such as information on the Website.
These Terms govern your access to and use of our Services. By accessing or using the Services (including accessing the Website), you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may also ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labelled “I Agree” or “Buy Now” or using the Services. Any personally-identifiable information about you or anyone else may be stored on or through the Services (“Personal Data”). So long as you are a Customer, Mudassar Corp hereby grants you permission to use the software (“Software”) included in the Website as part of the Services. Your right to use the Software is revocable by Mudassar Corp, and is not sublicensable. Moreover, the Software must be used solely for personal use by you.
The information provided in the Website or via any other means of transmission from us is not legal advice, but general information. The content contained on the Website or information contained in any other transmission from Mudassar corp is subject to these Terms.
MudassarCorp reserves the right to change or update these Terms at any time. Changes or updates to these Terms will appear on the Website and/or be communicated to the Customer and are effective immediately. Use of the Website or receipt of Services after any such changes constitutes your consent to such changes and updates.
Informational Purposes Only
The purpose and intent of MudassarCorp is to provide you with general information, not to provide any specific advice (legal or otherwise). The information presented is provided solely for informational purposes and constitutes an advertisement for services. MudassarCorp does not wish to represent anyone desiring legal representation based upon viewing the Website or information provided via email, facsimile, phone conversation, or any other form of transmission. Visitors or recipients of this information should not act upon this information without consulting legal counsel. None of the information on the Website constitutes professional or legal advice or a recommendation by MudassarCorp, its representatives, agents, or otherwise. MudassarCorp operates exclusively at the Customer’s direction and does not offer legal, tax, or accounting advice or services, and no information provided by MudassarCorp constitutes legal, tax, or accounting advice.
The transmission and receipt of materials provided by MudassarCorp is not intended to and does not create an attorney-client relationship. Also, providing any of the information made available on the Website or via other forms of transmission does not create a business, legal, or professional relationship.
Information Provided As-Is
Information obtained from MudassarCorp or the Website should NOT be used as a substitute for legal advice from an attorney. It is provided “as is,” is not guaranteed to be correct, complete, or up-to-date, and MudassarCorp expressly disclaims all warranties and disclaims any and all liability or responsibility for loss, claim, liability, or damage that is a result of or in any manner related to errors or omissions in the content provided by MudassarCorp or the Website.
Content
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing in connection with our Services or on our Website, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“Customer Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to Customer Content, some of the Content on the Services and Website is owned by us (“MudassarCorp Content”), and by partners and other entities (“Third Party Content”). You may use MudassarCorp Content and Third Party Content for your personal use only. Except for Customer Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission before re-posting any MudassarCorp Content to another website or sharing it with others.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. Mudassar corp will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on our Website or provided to or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or in connection with the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
You grant MudassarCorp and agree to grant MudassarCorp a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Customer Content in any form, format, or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any Customer-generated Content, ideas, concepts, techniques, or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content. Prior to providing us with Customer Content, you should retain a copy of Customer Content in a safe place accessible to you.
You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
By Customer providing any email address, phone number, cellular phone number, or any other means of contacting Customer (“Customer Contact Information”), Customer expressly agrees that MudassarCorp can contact such Customer via such Customer Contact Information (including via text messages) for any purpose, including providing information regarding or in connection with the Services, as well as for marketing purposes.
Minimum Age
You must be at least 18 years old to register with us and use the Services. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement. If anyone under the age of 18 (“Young Person”) provides any Content to us, the Young Person’s parent or guardian may contact us. We will delete any Content provided by the Young Person.
Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Policy that are current as of the date of your submission.
Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a partner or a third party is subject to the privacy policy or agreements of that partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Policy.
We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to Customer support requests; or (v) protect the rights, property or safety of Mudassar Corp, the Services, our customers and the general public.
Third-party Sites
The Website contains links to servers maintained by other businesses and organizations, which exist independently from Jorofy or the Website. Jorofy cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file a Customer might download from these sites. No such third party is endorsed or recommended by us by virtue of the fact that links to their servers appear on the Website. All accessing and downloading of material from such third party sites is at the Customer’s own risk, for which Jorofy is not responsible or liable in any way.
All third party information is provided without any warranty, express or implied, as to its legal effect and completeness.
For the avoidance of doubt, all charges imposed by such third parties – including but not limited to auto-renew fees for registered agent and/or any other services – cannot be reversed, discounted or in any way altered after those charges have been applied to your account.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY JOROFY, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN ANY WAY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
Cancellation Policy and Termination
MudassarCorp may, at its sole discretion, refuse or cancel existing Services to any person or entity for any reason, including for misuse of MudassarCorp promotions. For example, if MudassarCorp were to offer a promotion (such as a promotion on state incorporation), such promotion can only be used once by a Customer, and attempting to use such promotion more than once by the same Customer is considered misuse of MudassarCorp promotions. In such a case, MudassarCorp reserves the right to refuse service or cancel any orders in which a Customer is misusing a MudassarCorp promotion by attempting to use such promotion a second time or more. MudassarCorp is not responsible for any damage or loss that may result from MudassarCorp’s refusal or cancellation of Services for any reason.
An order is generally refundable until payment is forwarded to any government entity, such as a state or the U.S. federal government (typically within twenty-four hours after an order is placed), less a $30.00 cancellation fee and less any other expenses which have been paid or incurred in furtherance of an order, including payments to any entities, including state agencies or the federal government or third-party vendors. Once payment has been forwarded to any government entity or third party, MudassarCorp cannot accept any cancellations or any other changes to an order. In the case of trademark filings, once a trademark search has been conducted or payment has been made to the U.S. Patent and Trademark Office, MudassarCorp cannot accept any cancellations or any other changes to an order.
To request an order cancellation prior to MudassarCorp making any payments to a government entity or other third party, or prior to a search being conducted for a trademark filing, your order must be in Review status. You must place your order on hold by clicking on the make changes button inside your order confirmation email, and if the cancellation request meets MudassarCorp’s requirements as stated above, as determined by MudassarCorp at its sole discretion, then MudassarCorp will honor the cancellation. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone or email. MudassarCorp does not dispute legitimate chargebacks. However, if an illegitimate or improper chargeback (e.g., a chargeback requested after payment by MudassarCorp to a government entity or third party, or after a trademark search has been conducted) is submitted, MudassarCorp reserves the right to take any actions it deems appropriate at its sole discretion. Such actions include, but are not limited to, cancelling subscriptions or other services and the dissolution of any entity formed for which payment was charged back or disputed by the Customer. The Customer shall be liable to MudassarCorp for all costs incurred by MudassarCorp in dissolving such legal entity.
If MudassarCorp is unable or unwilling to dissolve such entity, or if payment was made to the U.S. Patent and Trademark Office for a trademark filing, the Customer agrees to dissolve such entity promptly or abandon the trademark filing, at the request of MudassarCorp, or be liable to MudassarCorp for liquidated damages in the amount of five hundred U.S. dollars (US$500) plus any and all costs incurred by MudassarCorp to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law. MudassarCorp reserves the right to dissolve any legal entity which is fraudulently formed by any person who uses a third party’s name without authorization from such third party to form the legal entity, and any person who forms such legal entity shall be liable to MudassarCorp for liquidated damages in the amount of ten thousand U.S. dollars (US$10,000) plus any and all costs incurred by MudassarCorp to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law.
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend or block the access of any Customer who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Jorofy and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated Customers. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.
Auto-renewal Services and Price Changes
Jorofy provides automatic renewal services to maintain the compliance of a Customer’s legal entity with state or government requirements. To facilitate this, a current and active credit card on file will be charged by Jorofy’s registered agent partner (e.g., LegalInc) for the annual renewal of the Registered Agent service. The current annual renewal fee for the Registered Agent service is accessible on both the Website and the Customer Dashboard.
Cancellation of Services:
Customers may cancel the Registered Agent service at any time by designating a new registered agent with the state and notifying Jorofy of this change. If Jorofy does not receive such notification by the expiration date of the existing Registered Agent service, Jorofy reserves the right to automatically renew these services.
Payment Failures:
In the event of a payment failure during the auto-renewal process, Jorofy may, at its discretion, cancel the Registered Agent service.
Use of Credit Card Information:
Credit card information used for automatic renewal and subscription services will not be utilized for any other purpose without the Customer’s consent. Jorofy, along with its registered agent partner, implements reasonable safeguards to protect Customer data in accordance with the Privacy Policy.
Price Changes:
All advertised prices for Services on Jorofy are subject to change at any time without prior notice.
Lawful Use
The Customer agrees to use the information, products, services, or materials provided by Jorofy solely for lawful purposes. Specifically, the Customer will not:
- Commit fraud or engage in any illegal acts or crimes.
- Misrepresent their identity or legal purpose.
- Misstate or falsify information on legal documentation.
- Use any information or products in any unlawful or improper manner.
Liability:
The Customer accepts full responsibility for any costs incurred by Jorofy, including legal fees, resulting from a failure to comply with these requirements. The Customer agrees to indemnify and hold Jorofy, its owners, agents, employees, representatives, and providers harmless from any damages, claims, demands, judgments, expenses, and causes of action arising from the Customer’s use or misuse of the provided information or products.
Authority to Sign Documents:
The Customer grants Jorofy complete authority to sign documents on their behalf for the purpose of completing any order or modification related to their services.
Investigation of Violations:
Mudassar corp reserves the right to investigate complaints or reported violations of these Terms and to take appropriate actions, including reporting any suspicious or unlawful activities to law enforcement or relevant authorities. Mudassar corp may disclose any necessary information, including Customer-submitted data, to facilitate these investigations.
Compliance with Laws:
As a condition for accessing the Website and using the Services, the Customer agrees to:
- Comply with all applicable laws, including privacy, intellectual property, export control, tax, and regulatory requirements.
- Provide accurate information and update it as necessary.
- Review the Privacy Policy and comply with any notices concerning the Services.
Prohibited Actions:
The Customer agrees not to act dishonestly or unprofessionally by posting inappropriate or objectionable content. Additionally, the Customer shall not use automated means, such as software, devices, scripts, or robots, to access or manipulate any part of the Services, nor override any security components embedded in the Services.Limitation of Liability
CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL MUDASSAR CORP BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY MUDASSAR CORP (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES).
TO THE EXTENT PERMITTED BY LAW, NEITHER MUDASSAR CORP NOR ANY OF MUDASSAR CORP AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID MUDASSAR CORP DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER MUDASSAR CORP NOR ANY OF MUDASSAR CORP AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Waiver and Release
Customer hereby waives, discharges, and releases Mudassar Corp of any and all claims, losses, demands, or liability of any kind against Mudassar Corp, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or Services of Mudassar Corp.
Customer also acknowledges and agrees that when third parties provide fulfillment services on Mudassar Corp’s behalf and such services have been appropriately charged to Customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer’s account.
Indemnification
Customer hereby agrees to indemnify, defend and hold harmless Mudassar Corp, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with Customer’s use of the information or Services of Mudassar Corp. Customer hereby agrees to indemnify, defend and hold harmless Mudassar Corp, its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to Services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.
You agree to defend, indemnify and hold Mudassar Corp and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“Mudassar Corp Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by Mudassar Corp in the defense of any claim. Mudassar Corp reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Customer will not in any event settle any claim against Mudassar Corp or Mudassar Corp Affiliates, without the prior written consent of Mudassar Corp, which consent Mudassar Corp may refuse in its sole discretion.
Choice of Law and Binding Arbitration
In the event of a dispute between you and Mudassar Corp, please contact Mudassar Corp customer service for resolution. Any controversy or claim arising out of or relating to the use of the Website, information provided on the Website, or via any other means of transmission from Mudassar Corp, or advertisement for Services, or any dispute in connection with these Terms or provision of Services by Mudassar Corp, or with respect to any other products, services, or materials provided by Mudassar Corp, or Customer’s use of the information provided on the Website, shall be submitted for final and binding arbitration (or online dispute/arbitration resolution) to a single arbitrator, provided that: (1) the arbitrator has at least five (5) years of expertise in the field relevant to the nature of the dispute and; (2) the arbitrator is not or has not been a contract agent or a former employee of either party. In the event the parties are unable to agree on a single arbitrator who meets the qualifications set forth above, then an arbitrator shall be appointed by and/or under the rules of the American Arbitration Association (“AAA”) within ten (10) days of the date on which a party seeks assistance from the AAA in selection of a neutral arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules and procedures of the AAA, and shall take place in Houston, Texas or in a location otherwise mutually agreed upon by the parties or via an online forum pursuant to online dispute or arbitration resolution processes. The parties further agree that: (1) the arbitration shall not last more than three (3) days; (2) there shall be no discovery other than the exchange of information and materials provided to the arbitrator by each of the parties, for which there shall only be thirty (30) days to accomplish; (3) the arbitrator’s final decision shall be issued within ninety (90) days after the date of selection of the arbitrator or within such period as the parties may otherwise mutually agree; and (4) except as otherwise expressly stated in these Terms, the arbitrator shall have the authority only to award equitable relief and direct, actual damages, and shall not have the authority to award punitive or consequential damages (including, but not limited to lost profits, special, indirect, incidental, or compensatory damages). Notwithstanding anything to the contrary in these Terms, the arbitrator shall have the authority to award liquidated damages and legal fees and costs and any remedy provided in these Terms in favor of Mudassar Corp in situations where a user of the Website has acted fraudulently or willfully (such as by registering a legal entity under a third party name without the third party’s consent), or where a Customer requests a chargeback without sufficient justification as determined by Mudassar Corp at Mudassar Corp’s sole discretion or after Mudassar Corp has paid any third party or governmental entity any funds in connection with the order associated with the chargeback. Each party shall be responsible for an equal sharing of the fees, expenses and costs incurred by the arbitrator, and each party shall be responsible for their own costs and any fees of counsel they incur unless stated otherwise in these Terms. The decision of the arbitrator shall be final and binding and may not be appealed.
These Terms and any action related thereto are governed by the law of the State of Texas, and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a Customer. Any dispute between us or arising out of these Terms, the Privacy Policy, the Services, or their performance, shall be determined by one arbitrator in binding arbitration as specified above. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may.
These Terms and any action related thereto are governed by the law of the State of Texas, and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a Customer. Any dispute between us or arising out of these Terms, the Privacy Policy, the Services, or their performance, shall be determined by one arbitrator in binding arbitration as specified above. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Should the arbitrator determine that the dispute is not arbitrable, Customer and Mudassar Corp consent to the exclusive jurisdiction and venue of the state and federal courts located in Houston, Texas, U.S.A.
Nothwithstanding anything to the contrary in these Terms, Infile can, at its sole discretion, choose not to arbitrate a dispute and can choose to file suit in any state or federal court located in Houston, Texas. In such a case, Customer and Mudassar Corp consent to the exclusive jurisdiction and venue of the state and federal courts located in Houston, Texas.
General Provisions
Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Entire Agreement. These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel of your choice.
No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of Mudassar Corp. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Policy, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Website.
CUSTOMER HEREBY AGREES THAT CUSTOMER HAS READ AND AGREES WITH THIS LEGAL DISCLAIMER AND TERMS AND CONDITIONS IN ITS ENTIRETY
