DISCLAIMER OF LIABILITY
Social Blue Media (“Company”) makes no representation or warranty as to the completeness or accuracy of the information provided on or in connection with this website (the “Website”) and disclaims all warranties, express and implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no representation, guarantee or warranty, express or implied, regarding the outcomes achieved by applying the strategies, techniques, skills, information or advice (collectively, the “Strategic Content”) provided by any of its employees, representatives or affiliates in connection with the Website including without limitation any guarantee or warranty that the Content will enable any person to successfully complete or pass any specific examinations for any course, degree or occupational license. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. Company is not accredited or recognized by the Department of Education or any other governmental organization or agency and does not offer any diploma, degree, or certificate of completion in respect of its program offerings, learning seminars or instructive content. In no event will Company be liable for any special, indirect, incidental or consequential damages in respect of the use or misuse of the information provided in connection with the Website, including without limitation the Strategic Content, even if Company has been advised of the possibility of such damages. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply to you.
DISCLAIMER OF EARNINGS
By using, registering, or signing up with Social Blue Media (“Company”) including its family of Websites without limitation, socialblueocean.com (collectively, the “Site”), agree that nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
2. Use of Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than the Site (each a “Third Party Site”). The Company may work with a number of partners and affiliates whose sites are linked with the Site. Both the Company and the Site are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Site accessed from a Third Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither the Company nor the Site are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
- Rights and Responsibilities of the Company. The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate your use of the Site for violation of others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us notice at www.socialbluemedia.com/say-hello.
The Company reserves the right to refuse service to anyone and to cancel user access at any time.
- Rights and Responsibilities of the Company’s Users or Other Posters of User Content.
- Rights and Responsibilities of the Company’s Users or Other Posters of User Content.
5. No Warranty. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
6. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF THE COMPANY TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
7. Indemnification. You agree to defend, indemnify and hold harmless the Company, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
8. Unsolicited Submissions. Except as may be required in connection with your use of the Company’s Services, the Company does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to the Site through or in association with this Site shall be considered non-confidential. By providing such submissions to the Site you hereby grant the Company a license to use, reprint, distribute, modify and create derivative works which will be owned by the Company. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
9. Compliance with Intellectual Property Laws. When accessing the Site or using the Company’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using the Site. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at as described above in Section 4(a).
10. Monitoring and Enforcement; Termination or Suspension.
We have the right to:
- (a) Remove or refuse to post any User Content for any or no reason in our sole discretion.
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
12. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2018-2021, Social Blue Media ALL RIGHTS RESERVED.
16. Trademarks. The Company’s name, the Site, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Social Blue Media (“Provider”) is engaged in the business of media design, film production, and digital marketing services. You (“Client”) desires to retain Provider for one or any of said purposes as set forth herein, and Provider and Client agree to the following terms and conditions:
1. Scope of Services: Provider agrees to establish, conduct, and maintain services (“Services”) for Client in accordance with the specifications established between Client and Provider as set forth in the separate Proposal(s), Project, Offer, or any other written agreement signed by Client or electronic email replied to by Client explicitly as “agreed” to suffice and represent the Client’s signature in agreement to Services (“Proposal”). This Agreement and the terms established herein shall extend to any and all Services set for in the Proposal.
2. Price and Payment Terms: Client will pay Provider for Services according to the terms and timeframes for completion set forth between said parties in the Proposal electronically signed by Client when “accepted,” or any other written agreement signed by or replied to by Client as agreed. After the fulfillment of the terms of the agreement stated in the Proposal, the Services provided shall automatically renew month-to-month unless terminated as described in Section 3 below.
3. Term and Termination: Unless otherwise stated in the Proposal, Client or Provider may terminate Services without cause upon thirty (30) days written notice to the other party. In the event of termination of Services, Client agrees to pay Provider for all Services performed up to the date of termination. Failure to remit payment for monthly service fees when due will terminate services immediately. Provider may terminate this Agreement for breach of this Agreement immediately upon written notice to the Client. Termination for breach will not preclude Provider from exercising any other remedies for breach of this Agreement. This termination agreement supersedes any other termination agreement previously signed or agreed to via email reply.
4. Ownership of Intellectual Property: Client warrants and represents that Client is the rightful owner and/or licensee of all content, including, but not limited to, all written content, stock images, photos, videos, audio, etc., that Client may provide to Provider for Services performed by Provider. Client shall indemnify, defend, and hold Provider harmless from any claims, damages, actions, judgments, costs, or attorney’s fees arising out of or related to Client’s use of any intellectual property, content, photos, videos, audio, or the like, provided to Provider. Moreover, Client accepts sole responsibility for procuring and retaining patient consent related to the reflection and use of any and all photos.
5. HIPAA Compliance: Client warrants that all information of any kind provided to and used by Provider is in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and acknowledges that Provider will not be required to take any additional independent action outside of what has been mutually agreed to and signed in a Business Associate Agreement between Provider and Client to assure or confirm compliance with HIPAA. Any damages that may be suffered by Provider as a result of Client’s failure to comply with HIPAA shall be expressly included in Client’s requirement to indemnify Provider as outlined in Section 17 below.
6. FTP Transfers: Provider reserves the exclusive right to grant and/or deny File Transfer Protocol (“FTP”) as it deems reasonable and practical in the performance of Services. Client releases Provider of any and all responsibility related to the provision of “FTP” access and the ramifications associated with inappropriate use. If Provider has to recreate, reestablish, restore, or reapply any web files, code, programming, image, etc., that is lost, corrupted, overwritten, or skewed by Client’s FTP access, Client understands that this is a billable charge at Provider’s then current hourly rate.
7. Ownership: Upon payment in full, Client retains sole and exclusive ownership of any and all data files, videos, and/or photographs provided by Client, and the final work product of Client’s website and/or blog. Client’s ownership shall continue indefinitely upon termination of this Agreement for any reason. Client does not retain ownership of any and all working files and/or source files of Client’s website and/or blog, including any and all working files and/or source files for the graphic design and textual content, including, but not limited to, Adobe Photoshop (.psd) and Adobe Illustrator (.ai) files. Also, Client does not retain ownership of any licensing applications, software, and/or other licensed content provided by any third party. Provider retains sole and exclusive ownership of any and all working files and/or source files of Client’s website and/or blog, including any and all working files and/or source files for the graphic design and textual content, including, but not limited to, Adobe Photoshop (.psd) and Adobe Illustrator (.ai) files. Provider retains sole and exclusive ownership of any and all database application software programs used in the creation and maintenance of all Services, including, but not limited to website photo galleries, website shopping carts, directory web pages, etc. Moreover, Provider exercises sole and exclusive ownership of all advertising and Pay Per Click (PPC) programs and managed ad accounts supplied by provider for use in any advertising campaigns. Further, Client retains sole and exclusive ownership of the final work product results of marketing campaigns and advertisements produced in Services. Client also agrees that Provider may retain use of any of the final work product results of marketing campaigns and advertisements produced in Services for the purpose of displaying social proof of Provider’s work. Provider’s use and ownership shall continue indefinitely upon termination of this Agreement for any reason. Provider reserves all reasonable remedies to ensure and protect said interest.
8. Refund Policy: Unless otherwise stated in a separate Agreement, Client understands that there are no refunds. Client acknowledges and agrees that all payments and sales are final.
8a. Social Blue Guarantee & No Fail Policy:
- Payments – All payments for Social Blue Media and Social Blue Ocean’s collective programs are to be received in USD and are non refundable with the exception of valid 30 Day Social Blue Guarantee requests.
- The 30 Day Social Blue Guarantee applies only to #CreateLaunchRepeat in USD. To claim the Social Blue Guarantee, purchasers must email email@example.com within the first 30 days with completed campaign work for the available weeks of #CreateLaunchRepeat at the point of the guarantee request.
- We do this because we’re looking for serious and committed participants only. We take our learning environment seriously and maintain a very high standard of positivity, encouragement, and most importantly action. If you register for #CreateLaunchRepeat or any trainings within the Social Blue Ocean Program and sit on your hands doing nothing for the first 30 days, we can’t help you.
- If you qualified to receive a complimentary private consult with Christen Robinson in the first 30 days after purchasing, attend your consult and then request a 30 Day Social Blue Guarantee, you will be required to pay the $500 USD rate for your consult with Christen. This amount will be removed from your refund return.
- Refunds are a privilege not a right and will be treated as such. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the SocialBlueMedia.com team.
- All payments for the Social Weekend Getaway workshops and products available when purchasing a workshop ticket or at the event itself are to be made in USD. SocialBlueMedia.com will only be able to process and honor payments made in USD which includes all quotes and advertised pricing. SocialBlueMedia.com live 4 Hour Workshops require at minimum a $1 deposit payment to reserve the seat, unless otherwise noted. All participants’ cards will automatically then be charged $50 within 24-48 hours after the event on Pacific Standard Time (PST). If the participant hasn’t received value from the event, they can request for the $49 payment not to be processed by notifying Christen Robinson via writing to firstname.lastname@example.org within 24 hours after the event’s conclusion. The participant is required to advise why they don’t feel value was provided to assist in qualifying their request and improving future events.
- Workshop tickets are not refundable but are transferrable via written notice to email@example.com up to 48 hours prior to the event. Pre-Prep Packs will not be able to be sent out to the new attendee and it is the responsibility of the transferee to brief the new attendee of the day’s preparation.
- No-shows to the Workshops will be charged $49 after the event regardless of the lack of attendance to cover the expenses invested to reserve their seat.
- VIP tickets for the post Workshops event cost an additional $97 to $197 per person. The VIP tickets are non-refundable but can be transferred to another member participant up to 48 hours prior to the event.
- Payments for the Social Blue Ocean Program + Studio including monthly payments, unlocked full payments and #CreateLaunchRepeat payments are non refundable but can be transferred to another member participant with written notice.
- The Social Weekend Getaway (SWG) payment may be paid in one payment or on a monthly payment plan. The payment will be taken automatically from the nominated credit card on the same date of each month. Social Weekend Getaway tickets are non-refundable and a commitment to a payment plan is in place until the full payment is successfully completed. SWG tickets are transferable via written notice to firstname.lastname@example.org at least 14 days before the SWG date. The date of SWG tickets can be moved to a future SWG event with 14 days written notice to email@example.com before the original SWG date however future schedules cannot be confirmed and may be a number of months from the original date. There is a 10% change fee of the total SWG ticket that applies for changing the SWG date.
- Payments made by credit card will be automatically processed on the monthly due date. If the credit card bounces for any reason, attempts to charge will be made in the following days/weeks. If the card continues to bounce or rejects the payment, or if a charge-back is claimed by the client or their bank, the matter will be handled internally with written notice or transferred to a debt collection agency and reported to the credit bureau if there continues to be a failure to pay.
- At our discretion, the SocialBlueMedia.com team may hand-pick a client to move from the 3 day SWG event in to a more personalized one-on-one program that is conducted via Video chat and custom-builds. Video chat training and strategy sessions take place over a two week period (rather than 3 days) to ensure maximum results and customization of the funnel. Details on the program will be notified in writing and your acceptance will be confirmed before the program is transferred from the 3 day SWG to the more intimate one-on-one personal program. No additional costs will be required for this change of program roll-out.
- Each marketing funnel build is unique based on the needs and recommendations discussed in the private pre-getaway consult. Adequate training will be provided on the three days to assist in using the software in their business. It is the responsibility of the attendee to embrace and continue to self-train after the event as required. Further training can be arranged within the Social Blue Ocean program via our support team at firstname.lastname@example.org or the Social Blue Inner Circle and will be charged additionally and separately to the getaway payment.
- Invoices for any SocialBlueMedia.com program are automatically generated and can be requested at any time by emailing email@example.com.
9. Confidential Information: All information relating to Client that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Provider and will not be disclosed or used by Provider except to the extent that such disclosure or use is reasonably necessary to the performance of Services or is required by law. All information relating to Provider that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Client and will not be disclosed or used by Client except to the extent that such disclosure or use is reasonably necessary to the Performance of Client’s duties and obligations under this Agreement or is required by law. These obligations of confidentiality will extend for a period of two (2) years after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation.
10. Content for Landing Page / Website: Unless otherwise stated in a separate Proposal, agreed to by Client and Provider, website design does not include content writing. Content provided by Client will be taken “AS IS,” and Provider will not edit Client’s content for spelling or grammar before adding it to the website. If Client wants Provider to edit content provided by Client, Client understands that this will result in a billable charge. Provider has stock content available for Client to use if desired.
11. Client Review and Approval: Client understands that Client is responsible for reviewing and approving projects, including but not limited to content writing and homepage design. Provider will give Client a minimum of three (3) days in which to review and approve such projects. If, after three (3) days, Client has not informed Provider of any change requests Client wishes Provider to make to the project, Client understands and agrees that Provider will assume Client’s approval and move forward with the project and or launch. Thereafter, any change request by Client will be billable at Provider’s current hourly rate.
12. Advertising: Client understands and agrees that Provider may use Client’s landing page design, website design, digital marketing or graphic representation of Client’s project that Provider creates or uses in Provider’s advertising or trade or for any other lawful purpose, in all forms and media, including Provider’s Case Study Gallery.
13. Client Abandonment: If, after thirty (30) days from the last payment due date, Client has failed to complete payments due or respond to Provider regarding any project arrangements, Client understands and agrees that Provider will assume Client has abandoned the project and will archive it. If, after archiving said project, Client wishes to move forward with the project, Client understands and agrees to pay Provider a reinstatement fee to continue the project.
14. Chargebacks: Client agrees that any amount due from Client to Provider resulting from a credit card chargeback will be subject to a four percent (4%) fee on the amount due. If any check provided by Client to Provider is returned from Provider’s bank for insufficient funds or any other reason, Client shall be responsible for all fees and costs incurred by Provider associated with such return.
15. Warranty and Disclaimer: Provider warrants that the Services will be provided in a professional, skillful manner, and in conformity with generally prevailing industry standards. Provider makes no implied warranties whatsoever concerning Services, including matters relating to the merchantability of Services or their suitability for any particular purpose. No express warranty is made regarding any Services unless set forth herein or in writing signed by Provider. If Provider shows Client any model or sample of Services, that model or sample was merely used to illustrate the general type and quality of Services and does not represent that Services would necessarily conform to the model or sample. Further, Provider makes no warranty, either express or implied, regarding the accuracy or validity of any information or material supplied by Client under this Agreement, and Provider has no obligation to conduct any independent investigation or research concerning any information provided or supplied by Client.
16. Limitation of Liability: In no event will Provider be liable for any loss of profit or revenue by Client, or for any other consequential, incidental, punitive, indirect, or economic damages incurred or suffered by Client arising as a result of or related to Services, whether in contract, tort or otherwise. Client further agrees that the total liability of Provider for all claims of any kind arising as a result of or related to the Agreement, or to any act or omission of Provider, whether in contract, tort, or otherwise, will not exceed an amount equal to the amount paid by Client to Provider for Services during the twelve (12) month period preceding the date the claim arises.
17. Indemnification: Client shall indemnify, defend, and hold Provider harmless from any claims, damages, or actions by third parties, including all costs, expenses, and attorney’s fees incurred by the Provider therein, arising out of or in conjunction with Client’s performance under or breach of this Agreement.
18. Miscellaneous Provision: This Agreement constitutes the entire agreement between the parties regarding the subject matter contained in it. No modification of the Agreement, other than Proposal(s), Project(s), Offer(s) or any other written agreement or electronic email as set forth herein, shall be binding unless executed in writing by all of the parties. No waiver of any provision of this Agreement shall be deemed a waiver of any of the other provisions of this Agreement, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless made in writing and executed by the party making the waiver. If any portion of this Agreement becomes illegal, null, or void for any reason, or is held by any court of competent jurisdiction to be so, the remaining portions will remain in full force and effect. This Agreement shall be subject to and construed in accordance with the laws of the State of California. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, assigns, licensees, partners, and agents of the parties to this Agreement. The captions heading the various sections of this Agreement are for the convenience and identification only and shall not be deemed to limit or define contents of the respective sections. Time is of the essence for performance of this Agreement. This Agreement may be executed in any number of counterparts, all of which together shall constitute one and the same instrument. This Agreement may also be executed and transmitted via facsimile or electronic mail. Each of the parties warrants and represents that they have the authority and right to execute this Agreement and carry out the obligations set forth herein. In any action arising between the parties concerning this Agreement, the prevailing party shall be entitled to the recovery of reasonable attorneys’ fees and costs.
20. Acknowledgement: BY USING THE PROVIDER’S SERVICES OR ACCESSING THE PROVIDER’S SITE, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.