PLEASE READ THIS LEGAL DISCLAIMER AND TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING OUR SERVICES \ Website Visitor, current Customer, and prospective Customer are subject to the below Legal Disclaimer and Terms of Service.
Welcome to Probiz Experts. We do business with our clients by correspondence from our website probizexperts.shop owned by Probiz Experts, email communications and such other means of communications. Communication of information through the Website forms part of the Services.
In these Terms, the term “User” or “you” or “your” or “Visitor” or “Customer” means any past, current or prospective customer of our Services as well as any visitor to the Website. These Terms apply to each Customer. No fees will be charged for the use of the Services except when stated explicitly in these Terms or in other notices given to Customers by Probiz Experts on the Website.
These Terms shall govern your access to use of our Services. You agree to be bound by these Terms, as if these Terms were signed by you in ink on a hard-copy agreement, by your accessing or using the Services, including your accessing of the Website. We may also ask you to agree to these Terms for example by clicking a button labeled “I Agree” or “Buy Now” or by 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, Probiz Experts hereby grants you permission to use the software included in the Website as part of the Services. Your right to use the Software is revocable by Probiz Experts, and is not sublicensable. In addition, the Software must be used solely for personal use by you. The information contained on the Website or transmitted via any other medium from Probiz Experts does not constitute legal advice and is general information only. The content contained on the Website or information contained in any other transmission from Probiz Experts is subject to these Terms.
The provisions of these Terms may be changed or updated at any time by Probiz Experts. Any such changes or updates will appear on the Website and/or be communicated to Customer. For these purposes, all changes are effective immediately upon posting of such changes on the Website or by communication to Customer. Customer’s use of the Website and/or acceptance and/or receipt of any Services following such changes will be deemed acceptance of the changed or updated Terms. Purposes of Information
The purpose and intent of Probiz Experts is to provide you with general information, and not to provide any specific advice (legal or otherwise).
The information provided is for informational purposes only and is an advertisement for services. Probiz Experts does not want to represent anyone seeking legal representation based on 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 rely on this information without consultation with legal counsel. None of the information on the Website constitutes professional or legal advice or a recommendation by Probiz Experts, its representatives, agents, or otherwise. Probiz Experts shall work exclusively at Customer’s direction. It neither provides any legal, tax or accounting advice nor services and no information delivered by Probiz Experts shall represent legal, tax, or accounting advice. Transmission and receipt of materials produced by Probiz Experts is not to be construed or take on the character of an attorney-client relationship. Additionally, the acceptance of any of the information provided at the Website or in any other mode of transmission, does not establish a business, legal, or professional relationship. Information Provided As-Is
Information obtained from Probiz Experts or the Website should not be used as a substitute for legal advice from an attorney.
It is available “as is”, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Probiz Experts shall not be liable for any loss or damage arising from access to, or the use of, or on any information published in this Website nor for any infringement of third parties’ rights, or due to any viruses, corrupted files, or date loss with respect to your computer equipment, hardware or software, according to the content of this website, or any other Web page or server in connection with browsing or downloading from this 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, you warrant to us that you have all rights necessary to provide your Content to us. You may use Probiz Experts Content solely for your personal use. Except for Customer Content, you may not copy, download, store, transmit, display, perform, reproduce, distribute, or in any other way exploit any of the Content or permit any third party to do so 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 Probiz Experts Content to another website or sharing it with others.
We own Probiz Experts Content and the Services, as well as all intellectual property rights in and to the foregoing, including copyrights and trademarks.
You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than Customer Content.
You shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than Customer Content.
All Content, whether posted publicly or transmitted privately, is the responsibility of the person who originates such Content. We do not control the Content posted via the Services. Probiz Experts have no obligation to monitor the Content posted via the Services, but we reserve the right at all times to display, edit, flag, remove, or prohibit any or all Content that we believe may infringe the copyright of or otherwise be harmful or objectionable to any person or entity. 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 encounter Content that is offensive, harmful, inaccurate or otherwise inappropriate, or posts or Content that, in certain circumstances, might not have been posted had they not been mislabeled or deceptive under community standards. You grant Probiz Experts and agree to grant Probiz Experts 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.
Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content.
Before 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 providing any email address, phone number, cellular phone number, or any other means of contacting Customer, Customer agrees that Probiz Experts may contact such Customer by such Customer Contact Information (including by SMS or MMS) for any reason, including without limitation, to provide information in connection with or about the Services, and to deliver information regarding or related to marketing. Minimum Age You must be at least 18 years old to join us and to use the Services. You represent that you have the power, capacity, and authority to enter into these Terms as a binding contract. If we receive any Content from a Young Person, the Young Person’s parent or guardian may let us know. We will remove any Content supplied by the Young Person. Privacy
Some of the Content you give us may carry information that could identify your gender, ethnic and/or national origin, age, religion, sexual identity or any other sensitive Personal Data relating to yourself or others that you may provide.
Each time you access our Services or transmit any Personal Data or other Content to us, you agree to your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and all other Personal Data you provide, as well as all other Content you provide, more fully stated in the version of these Terms and the version of the Privacy Policy existing as of the date of your transmission.
We also reserve the right to access, read, preserve, and disclose any Content, data or other information 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 Probiz Experts, the Services, our customers and the general public.
Third-party Sites
The Website contains links to servers maintained by other businesses and organizations. Those sites are not under the control of Probiz Experts or the Website.
Probiz Experts have no responsibility for the content of any such site nor any warranty about the accuracy or source of the information on any such site or the content of any file a Customer might download from those sites. We neither endorse nor recommend any third party who happens to have links on his/her servers appearing on the Website. All accessing and downloading of material from such third party sites is at the Customer’s own risk for which Probiz Experts will not be 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 PROBIZ EXPERTS, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. SPECIFICALLY, WE DISCLAIM THAT THE SERVICES WILL HAVE 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.
In addition, we disclaim all responsibility for 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 Probiz Experts reserves the right, in its sole discretion, to refuse or cancel any existing Services to any person or entity for any reason, including misuse of Probiz Experts promotions. For instance, if Probiz Experts offers a promotion, say on state incorporation, then that promotion can only be used once by a Customer and any attempt to use such promotion more than once by the same Customer would be misuse of Probiz Experts promotions. In this scenario, Probiz Experts would retain full discretion to refuse the services or cancel any such order where the Customer abuses the Pro Biz Experts promotional opportunity in a bid to twice use such promotion.
Probiz Experts shall not be responsible for any loss or damage that may result by the Probiz Experts choice of refusal or withdrawal of Services for whatever reason. An order is generally refundable until payment is forwarded to any government entity, such as a state or the U.S. federal government (usually within twenty-four hours after an order is placed), minus a $30.00 cancellation fee and minus any other costs which have been paid or incurred in pursuit of an order, including payments to any entities, including state agencies or the Federal government or third party vendors. Once Probiz Experts remits payment to any government entity or third party, no cancellations, or other changes to the order are accepted. Where trademark filings are concerned, when a trademark search has been completed or when payment has been made to the U.S. Patent and Trademark Office, no cancellations, or other changes to the order are accepted. Before Probiz Experts can make any sort of payment to any governmental agency or any other third party for cancelling an order, and also before doing a trademark filing search for your order, it has to be in a Review status.
You should click on the make changes button on your order confirmation email to put your order on hold, and if the cancellation request meets the criteria of Probiz Experts as mentioned above, then in their sole discretion, Probiz Experts shall consider it as fulfilling the cancellation.
Any instruction for canceling an order or any other change to an order cannot be accepted over the telephone or by e-mail. Probiz Experts does not dispute valid chargebacks. If a spurious or improper chargeback (such as a chargeback that is filed after Probiz Experts has made payment to a government agency or third party, or after a trademark search has been performed) is filed, Probiz Experts shall be entitled, in its sole discretion, to take any actions Probiz Experts determines appropriate at Probiz Experts sole discretion. These acts for Probiz Experts include but are not limited to; unsubscribing and termination of other services, dissolution of any corporation established for which payment has been charged back or has been returned as invalid. Customer shall at Probiz Experts’ cost to Probiz Experts pay any costs associated with dissolving such legal entity.
If Probiz Experts 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, Customer agrees to dissolve such entity promptly or abandon the trademark filing, at the request by Probiz Experts. We may terminate these Terms for any reason or for no reason, at any time and with or without notice. Any such termination by us shall become effective immediately or as set out in our notice. We have the right to suspend, limit or deny access to any Services provided to any Customer who uses the Services in an abusive manner, or for other unlawful reasons. Misuse includes, without limitation: any form of infringement on any intellectual property rights, use any functionality, feature or capability of the Services for generating, supporting or transmitting any kind of spam, conduct themselves or do any other activity, which we may have at any point asked them not to, or any activity, that we in our sole discretion consider to be inconsistent with the mission and purpose of Probiz Experts 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 its termination, all license grants and rights provided under these Terms will immediately terminate. Nevertheless, any licenses that you may have granted us shall survive any termination on whichever basis such termination might be made. Additionally, any invoices given to you prior to termination that are outstanding shall remain payable in accordance with these Terms and no payments will be refunded in respect of payments already made. Auto-renewal Services and Price Changes Services supplied by Probiz Experts may auto-renew to maintain a Customer’s legal entity current with applicable state or other government regulations. An active credit card on file will be automatically charged by the Probiz Experts registered agent partner, for example, LegalInc for Registered Agent service annual renewal. The current annual renewal fees for the Registered Agent service can be found on the Website as well as the Customer Dashboard (see Website).
Customer may terminate this Registered Agent service at any time by appointing a new registered agent with the state and by providing notice to Probiz Experts of such change.
If Customer fails to provide such notice to Probiz Experts by the end of the term of the existing Registered Agent service, Probiz Experts may automatically renew these Services. If Probiz Experts cannot process an automatic renewal due to non-payment, Probiz Experts reserves the right to terminate the Registered Agent service at its sole discretion. Credit card information collected for use with automatic renewal and subscription Services by Probiz Experts will not be used for purposes other than the described above without Customer consent and permission.
Probiz Experts and Probiz Experts registered agent partner (e.g. LegalInc) will take appropriate measures to protect Customer information consistent with the Privacy Policy. All fees for Services posted on Probiz Experts are subject to change without notice at any time. Lawful Use Customer hereby agrees, represents, and warrants that Customer shall not make use of any information disclosed, products, Services or materials obtained from or through Probiz Experts to engage in fraud or any other criminal act or crime; for purposes of misrepresentation of identity or lawful intent; to misstate or falsify information relating to any legal document; misrepresent or mislead in respect of any matter of fact; or in any unlawful, illegal, or improper manner. Customer agrees to be liable for any charges including attorney fees incurred by Probiz Experts when the Customer does not comply with this provision.
Customer hereby accepts full liability and shall indemnify, defend, and hold Probiz Experts, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgments, expenses, and causes of action asserted against Probiz Experts by any person or local, state, or federal government agency arising from or out of any event, circumstance, act, or incident resulting from Customer’s use or misuse of the information presented, or products, Services or materials provided by Probiz Experts.
Customer agrees and confirms to allow Probiz Experts the right to sign any document on behalf of the Customer for the purpose of and not limited to, completing any order or modification thereof on behalf of the Customer. Probiz Experts shall have the right to investigate any complaints or alleged violations of these Terms and may take any and all actions which it deems necessary or appropriate, including but not limited to reporting any suspected or suspected unlawful or illegal activity to law enforcement agencies, applicable regulators or other third-parties. In this respect, Probiz Experts may disclose any information it deems necessary or appropriate, including Customer-submitted information, profiles, email addresses, usage reports, IP addresses, Customer traffic and other Customer Content. Accepting these Terms, which includes agreeing to comply with all applicable laws, such as, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements, and to provide accurate information to us and update it when necessary. You agree also to review our Privacy Policy, which we may change from time to time, and review and comply with notices sent by us concerning the Services. You also agree that you shall not act fraudulently, misleadingly, or otherwise inappropriately, and that you will post no inappropriate, false or objectionable content. Further, you may not use any software, device, script, robots or other means or process to access, “scrape,” “crawl,” “spider,” deep-seek the web pages and other parts of the services. Also, you shall not undermine any security component that exists in, or that constitutes part of, the Services. Information Post-Formation and Maintenance Customer agrees that Customer is responsible for post-formation maintenance, reporting, filings, and any other documentation necessary to maintain formation status and/or legal, tax or other required compliance with applicable federal, state or local government agencies or oversight commissions. Customer agrees that Probiz Experts may provide Customer with information regarding post-formation maintenance. Probiz Experts shall forward notices, communications or updates including and without limitation, notice related to payment due date(s) at any postal address or email address or cellular telephone number communicated to Probiz Experts either by Customer or as a posting or alert to Customer’s account, if available, as an act of courtesy only and for which no liability on part of Probiz Experts has accrued. Probiz Experts shall have no liability to Customer for the consequences of any actions or omissions of Customer based on information received by email, facsimile, cellular phone text, phone conversation, posting on the website, alert, or other forms of transmission or communication; by Customer’s inability or failure to receive or access the information; or by Probiz Experts’s decision at any time to discontinue sending such information.
Probiz Experts does not warrant or guarantee the completeness and timeliness of the information.
Customer agrees that it shall be its sole responsibility to comply with all applicable state, local, federal, and international laws. Limitation of Liability CUSTOMER HERE BY AGREE THAT IN NO EVENT SHALL PROBIZ EXPERTS 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 PROBIZ EXPERTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES). TO THE EXTENT PERMITTED BY LAW, NEITHER PROBIZ EXPERTS NOR ANY OF PROBIZ EXPERTS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID PROBIZ EXPERTS DURING THE CAL.
NEITHER PROBIZ EXPERTS NOR ANY OF PROBIZ EXPERTS 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 LIABILITY LIMITATION SHALL APPLY IRRESPECTIVE OF WHETHER BASED ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL DOCTRINE WHATSOEVER, (I) WE KNEW OR OUGHT TO HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE, OR (II) THE LIMITED REMEDIES PROVIDED FOR IN THESE TERMS FAIL IN THEIR ESSENTIAL PURPOSE.
Waiver and Release Customer hereby waives, discharges and releases Probiz Experts of any and all claims, losses, demands or liability of any kind against Probiz Experts, 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 Probiz Experts. Customer also agrees and acknowledges that when third parties provide fulfillment services on Probiz Experts’s behalf and such services have been properly charged to Customer, including auto-renew fees, those 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 agrees to indemnify, defend and hold harmless Probiz Experts, 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 Probiz Experts.
Customer agrees to indemnify, defend and hold harmless Probiz Experts, 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 with the 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 Probiz Experts and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (\”Probiz Experts 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 would like you to cooperate reasonably with Probiz Experts in their defense of such a claim. Probiz Experts will retain the exclusive right to defend any matter subject to indemnification by you. Customer agrees not to settle any claim against Probiz Experts or Probiz Experts Affiliates without the prior written consent of Probiz Experts, which may be granted at its discretion. Choice of Law and Binding Arbitration Dispute Resolution. In the event of a dispute between you and Probiz Experts, please contact Probiz Experts customer service for resolution.
Any dispute or claim arising out of or relating to the use of the Website, information displayed on the Website, or any other form of transmission by Probiz Experts, or any advertisement for Services, or any dispute arising in relation to these Terms or in the context of the provision of Services by Probiz Experts, or in connection with any other products, services or materials offered by Probiz Experts, or Customer’s use of the information provided on the Website, shall be brought to final and binding arbitration (or online dispute/arbitration resolution) by one arbitrator, if only: (1) the arbitrator has at least five (5) years of experience in the relevant field to the nature of the dispute and; and (2) the arbitrator is not nor ever was a contract agent nor former employee of either party.
In the event that parties fail to agree on the appointment of a singularly qualified arbitrator consistent with this Article, an arbitrator shall be appointed as provided by and pursuant to the Rules of the American Arbitration Association ( “AAA”) within ten (10) days of receipt by AAA of such request by a party in choosing a neutral arbitrator.
The arbitration shall be in accordance with the Commercial Rules and procedures of the AAA. The arbitration shall take place in Houston, Texas, or in a location as the parties may mutually agree; elsewhere, or through an online forum pursuant to the 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 furnished 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 contained herein, the arbitrator shall have the right to award liquidated damages and attorneys’ fees and costs and any remedy available under the foregoing Terms in favor of Probiz Experts where the use of the Website is determined by the arbitrator to be fraudulent or in bad faith (for example by registering a legal entity under someone else’s name without the latter’s consent) or where a Customer seeks to process a chargeback not having sufficient grounds therefor according to the sole discretion of Probiz Experts or following the return of any monies from any third party governmental authority connected with the chargeback of any order. Each party shall contribute a share of the costs incurred by the arbitrator into fees, expenses and also costs. Also each shall bear their own costs besides where fees of counsel or these Terms otherwise provided for is concerned.
The arbitration will be final and the rulings of the arbitrator, and no party can raise an appeal to its outcome.
These Terms and any action related thereto shall be 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 controversy or claim arising out of or relating to these Terms, the Privacy Policy, the Services, or any other way connected with the performance thereof, shall be determined by one arbitrator in binding arbitration as specified above.
The language of the arbitration shall be English.
Each hearing shall be conducted and all testimony entered by audio conference or video conference to accommodate parties and witnesses that may be distant from each other. 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 so determine, then Customer and Probiz Experts agree to submit exclusively to the jurisdiction and venue of the state and federal courts located in Houston, Texas, U.S.A. Notwithstanding anything to the contrary in these Terms, I file may, in its discretion, elect not to arbitration any dispute and may elect to file suit in any state or federal court located in Houston, Texas. In such an event, Customer and Probiz Experts agree to submit 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 determined to be illegal, void, or unenforceable in any respect under the law applicable to these Terms, both you and we shall intend to have it modified so as to achieve the original purpose of the provision. If any court or arbitrator declares the provision in question, or any part of it, invalid, illegal, void or unenforceable, then: the invalidity, illegality, voidness or unenforceability of such provision or part shall not affect the validity, legality and enforceability of the other provisions of these Terms. 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.
Failure to act regarding a breach of these Terms by one Party does not act as a waiver of the other Party’s right to act regarding that breach or any subsequent similar or other breaches. Except as 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 cannot assign or transfer any rights or obligations under the Terms without the prior written consent of Probiz Experts. All such purported assignments 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. The customer agrees to have read and agree with the legal disclaimer and terms and conditions in their entirety here under.
