GET FIT WITH KIM, L.L.C.
Standard Terms and Conditions

WELCOME TO THE GET FIT WITH KIM, L.L.C. FAMILY, WE
ARE TRULY EXCITED ABOUT THIS JOURNEY!!!

By using Our Website, and any materials or advice provided by GET FIT WITH KIM, L.L.C., You agree to these Terms and Conditions. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after We post any changes to these Terms, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to these Terms, You should not use Our Website and, if applicable, You should arrange to cancel Your affiliation with Us.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND YOUR UTILIZATION OF OUR GOODS AND SERVICES.

Definitions.

A. GET FIT WITH KIM, L.L.C. is a limited liability company formed under the laws of the State of Texas, and also refers to proprietary Nutrition, Food Preparation, Personal Training and other programs created by GET FIT WITH KIM, L.L.C. As used herein, references to “GET FIT WITH KIM, L.L.C.” as a party means and refers to such entity and its owner(s), parent company(ies), affiliate entities, employees, and assigns.
B. “Member” or “You” or “Your” refers to a person who has reviewed or utilized any type of information (via any blog, video, vlog, email, text, conversation, or otherwise) of, with or from GET FIT WITH KIM, L.L.C.
C. “Parties” mean GET FIT WITH KIM, L.L.C. and You. GET FIT WITH KIM, L.L.C. and You are each a “Party.”
D. “Terms” mean and refer to the Terms and Conditions set forth herein, and as may later be amended or supplemented as herein anticipated.
E. “Trainer” means and refers to any GET FIT WITH KIM, L.L.C. employee, agent, or contractor who may undertake to assist You with Your fitness goals.
F. “We,” “Us,” and “Our” mean and refer to GET FIT WITH KIM, L.L.C.
G. “Website” means and refers to this and any other website, video, blog, or vlog operated or generated by Us.

Eligibility.

By registering to use the Website, or otherwise utilizing any materials produced by Us, You represent that You have reached the age of majority where You live and have sought advice from a medical professional as to Your personal and specific condition to undertake the training suggested by Us. You further represent that that You have the Legal capacity to accept these Terms, and to use the Website in accordance with these Terms.

Payment Terms.

A Member is responsible for paying all sums due to Us in connection with their purchase of any of our products or services in accordance with these Terms. You can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by Us through Our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal’s online payment system for processing. You acknowledge that We hold data regarding the subscription package that is being signed up for by You, including the last four digits and the expiration date of the card used to purchase goods and/or services, together with details on when payment of Fees are due. You further acknowledge and agree that by sending a request for goods or services, that payments for Fees are due. You specifically authorize PayPal to collect payment for Fees from Your Credit Card or Debit Card provided to PayPal and to forward payment of the Fees to us.
You agree that You will NOT send credit card details to Us directly and that ALL credit card transactions shall be processed through PayPal via the Website. We cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com. We reserve the right to immediately terminate Your account and/or service for any unpaid (in whole or part) fees (with or without notice). Termination of service in no way relieves or excuses You from any obligation to pay outstanding charges or expenses. In the event GET FIT WITH KIM, L.L.C. starts collection processes of any type, You will be Liable for all collection costs, including Legal fees and expenses.
In addition to any Fees, GET FIT WITH KIM, L.L.C. may also charge applicable value added or other tax.

License.

You have Our permission to electronically copy and print hard copies of pages from this web site, BUT ONLY for Your personal, and only to the extent necessary to place an order or shop with us. Any commercial use of such copies is strictly prohibited. Unless We give You written permission in advance, any other use of any Website, its content and its information, including Linking or framing to any Website, is strictly prohibited.
All aspects of Our Website are proprietary and may be protected by USA and international copyright and trademark laws, including all design elements, text material. logos, taglines, and metatags. hashtags, photographic images, personal stories, Our icons, video and audio clips, downloads. No material on any Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The GET FIT WITH KIM, L.L.C. trademark and logo are Our proprietary marks, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Us.

User Communication/Authorization to use Photographs.

GET FIT WITH KIM, L.L.C. is pleased to hear from users and welcomes Your comments regarding Our services. You alone are responsible for any communication, message, and/or other content that You post. upload. submit. transmit or share with Us on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively ‘User Communications’).By transmitting or posting any User Communications. You represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark. trade secret. rights of privacy, rights of publicity or any other applicable laws. We do not endorse or sponsor any User Communications submitted by You or other Members.
You are prohibited from posting, uploading, submitting. sharing or transmitting any unlawful. threatening. libelous. defamatory. obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. GET FIT WITH KIM, L.L.C. will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in Our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications You wish to be kept confidential or for which You expect compensation, acknowledgment or attribution.
You grant GET FIT WITH KIM, L.L.C. permission to use any and all photographs taken by Us or its agents or employees, or submitted by You to Us (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of GET FIT WITH KIM, L.L.C. or any product or service sold and marketed by Us. You agree that this authorization to use Photographs may be assigned by Us to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Our sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Us in exchange for this Release and Assignment. You hereby release and forever discharge GET FIT WITH KIM, L.L.C. from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

Termination.

GET FIT WITH KIM, L.L.C. reserves the right to terminate Your affiliation with Us for any reason, without refund of any pre-paid amounts.

No Medical Advice Provided.

The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by Us is provided for informational purposes only, and is not intended to be a substitute for professional medical advice, and you are SPECIFICALLY encouraged to seek medical advice from your personal physician before utilizing training advice provided by Us.
Our nutrition advice is not intended for use by children under the age of 18 unless We specifically so state. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health provider before beginning this or any other nutrition program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified health care provider and not Our staff.
None of the contents of this Website or any information provided by GET FIT WITH KIM, L.L.C. are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by Us is solely the opinions of the authors. GET FIT WITH KIM, L.L.C., their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by Us. Reliance upon any opinion or advice provided on the Website, via telephone, online chat. or emails at Your own risk.

Food Allergy Disclaimer.

GET FIT WITH KIM, L.L.C. makes every attempt to provide accurate nutrition and ingredient information for every product we describe and all recipes. We take food safety very seriously: however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods We use could change the formulation at any time, without notice.

Trainer’s Obligations.

The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account Your Lifestyle, personal goals, fitness level, and disclosed medical history. The Trainer will provide coaching, supervision, advice and support to assist You in achieving Your goals. You understand that the results of any fitness program cannot be guaranteed by GET FIT WITH KIM, L.L.C. or the Trainer, and that Your progress depends on Your individual effort. Accordingly, individual results may vary. You also stipulate that You are personally responsible for Your health and that should any or all of Our advice cause You any discomfort beyond customary, You will so apprise Us and will seek the advice of Your medical professional in regard to same.

Your Obligations.

You must commit to Your training program 100% to achieve Your goals. We may require a Letter of ‘medical clearance’ from Your physician, and Your physician may charge You for providing that Letter. You understand and agree that it is Your responsibility to inform the Trainer of any conditions or changes to Your health, now and on-going, which may affect Your ability to exercise safely and with minimal risk of injury. If Your Trainer requires further medical information from a practitioner, You must provide such information.

Links to Other Websites.

This Site may contain links to other websites. GET FIT WITH KIM, L.L.C. assumes no responsibility for the content or functionality of any non- GET FIT WITH KIM, L.L.C. website to which We provide a link.

Disclaimer.

THE MATERIALS ON THIS WEBSITE AND OTHERWISE FROM US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR FITNESS FOR USE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE OR ADVICE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. GET FIT WITH KIM, L.L.C. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.

Force Majeure.

GET FIT WITH KIM, L.L.C. will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond Our control. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. GET FIT WITH KIM, L.L.C. shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

Limitation of Liability.

YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT GET FIT WITH KIM, L.L.C. IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER GET FIT WITH KIM, L.L.C. NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO US. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

Indemnification.

You agree to protect, defend, indemnify and hold harmless GET FIT WITH KIM, L.L.C., its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Us for liability for payments for, damages caused by, or other liability relating to, You.

Assignment of Rights.

GET FIT WITH KIM, L.L.C. may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by You without Our express written consent.

User Conduct.

You must only use Our products and services for lawful purposes and as specifically authorized by us and You must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any of Our services. In using any or Our services, and in particular, Our websites, You expressly acknowledge You are prohibited from, and agree that You will not without Our prior express written consent:
i. copy, reproduce, or improperly use or access any content on Our websites;
ii. modify, distribute, or re-post any content on Our websites for any purpose; or
iii. use the content on Our websites for any commercial exploitation whatsoever.
iv. disrupt or interfere with the security of, or otherwise abuse, Our websites, or any services, system resOurces, accounts, servers, or networks connected to or accessible through Our websites or affiliated or linked sites;
v. access content, data or portions of Our websites which are not intended for You, or log onto a server or account that You are not authorized to access;
vi. attempt to probe, scan, or test the vulnerability of Our systems or websitesthe , including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
vii. access any of Our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
viii. interfere or attempt to interfere with the use of Our websites or applications, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
ix. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on Our websites;
x. harass, “stalk”, disrupt or interfere with any other user’s enjoyment of Our websites or affiliated or linked sites;
xi. upload, post, or otherwise transmit through or on Our websites any viruses or other harmful, disruptive, or destructive files;
xii. use, frame, or utilize framing techniques to enclose any of Our trademarks, logos, or other proprietary information (including the images found at Our websites, the content of any text, or the layout/design of any page or form contained on a page) without Our express written consent;
xiii. use meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent;
xiv. deeplink to Our websites without Our express written consent;
xv. create or use a false identity on Our websites, share Our account information, or allow any person besides You to use Your account to access Our websites;
xvi. harvest or otherwise collect information about Our users, including email addresses and phone numbers;
xvii. download, “rip,” or otherwise attempt to obtain unauthorized access to any of Our services, content or other materials; and/or
xviii. post any copyrighted material unless the copyright is owned by You.

Privacy Policy.

We are fully committed to protecting Your privacy. We may collect statistical information on the products and pages You view. We may analyze that information to enhance Your shopping experience with us. When You place an order, We collect basic information such as Your name, address, phone number, email address, and credit card information. We use this information to process and ship Your order, and to contact You regarding Your order and to answer any questions You may have. We may also share this information with certain suppliers, freight and shipping companies and manufacturers for the sole purpose of processing and shipping Your order. We do not sell our email lists.

Collected Information.

We may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information that identifies You as an individual – for example, Your name, address, telephone number, e-mail address, credit card information, billing address and shipping information. Non-PII is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools and other information that does not reveal Your specific identity. PII and Non-PII may be collected anytime You access or use Our website(s). PII and Non-PII may also be collected by Us during in-person discussions, telephone conversations, and electronic or other written communications. We also collect information via cookies (see below).
We collect information from You when You register on Our website, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, We may ask You for Your name, e-mail address, mailing address, phone number, credit card information or other information. We also collect information about gift recipients so that We can fulfill the gift purchase. Like many websites, We use “cookies” to enhance Your experience and gather information about visitors and visits to our websites.

Use of Information.

We may use the information We collect from You when You register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize Your site experience and to allow Us to deliver the type of content and product offerings in which You are most interested.
To allow Us to better serve You in responding to Your customer service requests.

To quickly process Your transactions.
To administer a contest, promotion, survey or other site feature.

If You have opted-in to receive any newsletter or other information, We may send You periodic e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

Member Public Profiles.

When You create an account with Us, You may be asked to provide certain personal information, such as Your name and e-mail address. Some of this information may be publicly viewable by others if we set up Facebook® (or similar) groups.

We rely on Our customers to provide current and accurate information, and We do not, and cannot, investigate information contained in public profiles. We do not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaim all responsibility or liability for any information provided by customers by means of public profiles or otherwise.

You are solely responsible for Your interactions with other customers. You acknowledge and agree that We do not (i) screen its customers; (ii) inquire into the backgrounds of its customers; or (iii) review or verify the statements of its customers, including without limitation, information or representations contained in public profiles. We do not warrant, endorse or guarantee the conduct of its customers or their compatibility with You, and You agree to exercise all precautions in Your interactions with other customers. Like all open forums on the Internet or social media, You should always be careful about what You share in a public forum, and, in particular, You should never share Your password, social security number or any other personal information.

Protection of Visitor information.

We implement a variety of security measures to maintain the safety of Your personal information.

Use of Cookies.

Cookies are small files that a site or its service provider transfers to Your computer’s hard drive through Your Web browser (if You allow) that enables the site’s or service provider’s systems to recognize Your browser and capture and remember certain information. For instance, We use cookies to help Us remember and process the items in Your shopping cart. They are also used to help Us understand Your preferences based on previous or current site activity, which enables Us to provide You with improved services. We also use cookies to help Us compile aggregate data about site traffic and site interaction so that We can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist Us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help Us conduct and improve our business. You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to turn off all cookies. You do this through Your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at Your browser Help menu to learn the correct way to modify Your cookies. If You turn cookies off, You won’t have access to many features that make Your site experience more efficient and some of our services will not function properly. However, You can still place orders over the telephone by contacting customer service.

Disclosure of Information.

We do not sell, trade, or otherwise transfer to outside parties Your PII unless We provide You with advance notice, except as described below. The term “outside parties” does not include website hosting partners and other parties who assist Us in operating our website, conducting our business, or servicing Your account, so long as those parties agree to keep this information confidential. We may also release Your information when We believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. Non-PII may be provided to other parties for marketing, advertising, or other uses.

Safeguarding User Names and Password.

If You acquire a subscription with Us, You will be required to create an account with Us. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Us under Your account. You agree to immediately notify Us of any unauthorized use of Your password or User name or any other breach of security related to Your account. You agree that We are not liable, and You will hold Us harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

Removal of Information.

To change Your email subscription, simply click the ‘unsubscribe’ link at the bottom of our emails. This will allow You to unsubscribe and / or change Your notification settings.

To delete all of Your online account information from our database, please email getfitwithkim@outlook.com and ask to have Your membership and /or payment information cancelled / removed. Please note that We may still maintain information about an individual sales transaction in order to service that transaction and for record keeping. The foregoing notwithstanding, all Photographs and all rights of use pertaining to such Photographs, will forever remain Our property and be Our rights.

Severability.

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

Waiver

No waiver by GET FIT WITH KIM, L.L.C. of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

Contact.

If You have any questions or complaints concerning any of the Terms, You may contact Us by e-mail at getfitwithkim@outlook.com, or by regular mail at 8201 San Simon, Odessa, Texas 79767-8507.
California residents: under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Digital Millennium Copyright Act.

If You believe that materials or content available on any GET FIT WITH KIM, L.L.C. Website infringes any copyright or trademark whichYou own, You or Your agent may send GET FIT WITH KIM, L.L.C. a notice requesting that GET FIT WITH KIM, L.L.C. remove the materials or content from the GET FIT WITH KIM, L.L.C. Website. If You believe that we have wrongly filed a notice of copyright infringement against You, You may send Us a counter-notice. Notices and counter-notices should be sent to getfitwithkim@outlook.com or by regular mail at 8201 San Simon, Odessa, Texas 79767-8507

Arbitration, Governing Law, and Attorneys’ Fees.

Any claim or grievance of any kind, nature or description that You have against US including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Midland County, Texas. You agree not to file suit against US or any of its affiliates, subsidiaries, members, managers, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and US In the event that You and We are unable to reach agreement on an Arbitrator, You and We will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Midland or Ector County, Texas. The arbitrators selected by You and Us will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Us and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Texas without regard to any choice of law provisions. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Us to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Us may not be joined or consolidated with claims brought by anyone else.
Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
Nothing in this Agreement prevents Us from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Our rights prior to, during, or following any arbitration proceeding, without regard to other potential remedies, and You agree that the only bond required in regard thereto will be a nominal bond. This agreement does not prevent Us from commencing a suit in a civil court of competent jurisdiction of Midland County, Texas seeking a judgment against You for unpaid monies owing to Us. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or We commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

Heading.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way limits, defines or explains any section or provision hereof.

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