Governing Law – Any claim relating to SCMG Enterprises, LLC.’s web site, Products, and / or Services billing, shall be adjudicated in, and governed by the laws of the United States of America, and the current State and County of Record for SCMG Enterprises, LLC., without regard to conflict of law provisions. Additionally; you agree that jurisdiction over, and the laws governing these policies, shall be administered by, and adjudicated in, the company’s current County of Record, and each of the parties hereto irrevocably and unconditionally confirms and agrees that it is and shall continue to be subject to the jurisdiction of that county of record courts, and subject to service of process in that county of record, and consents and submits to the exclusive jurisdiction of any municipal, county, or state court located in the county of record, including the State Supreme Court, for any actions, suits or proceedings arising out of or relating to your use of our Products or Services, or the billing transactions contemplated by these Policies (and agrees not to commence any litigation relating thereto except in such courts), and waives any objection to the laying of venue of any such litigation in the County of Record Courts, and stipulates that any and all damages for breach of these Policies, and all expenses of the parties, related to such legal action brought by the either party, will be incurred and paid for by the Customer / Client, and if a provision of these Policies is or becomes, or is deemed illegal, invalid or unenforceable in any jurisdiction; that shall not affect the validity or enforce-ability in that jurisdiction of any other provision of these Policies, or Terms and Conditions.
In the unlikely event that the Parties do have a dispute about the billing for Products or Services rendered, or whether one or the other failed to meet their responsibilities, the Parties agree to the following:
The complaining party will provide a written explanation of their dispute to the other party, and the parties will, within seven (7) calendar days, in good faith; discuss the dispute and seek a mutually acceptable resolution.
Should those efforts fail; and the dispute has not been resolved within thirty (30) calendar days after such good faith discussions begin, both Parties do hereby agree to resolve, through binding arbitration, any dispute that still exists currently or may have in the future, and it shall be held within, and be in accordance with, the rules and procedures of the legal jurisdiction of, and shall be governed by and construed and enforced in accordance with the laws of the Corporations County of Record, without regard to principles of conflicts of law, as previously outlined herein above. The decision of the arbitrator(s) shall be final and binding to all parties. The burden of any and all costs of the arbitration shall be placed upon the client / customer, including any and all reasonable legal expenses incurred by both parties.
Should the Client / Customer initiate a lawsuit either before arbitration, or after; to the maximum extent permitted by applicable law, the provisions of this Agreement shall continue to be governed by and construed and enforced and court held in, and be in accordance with, the rules and procedures of the legal jurisdiction of, and shall be governed by and construed and enforced in accordance with the state laws of the the current County of Record for the Corporation, without regard to principles of conflicts of law, as previously outlined herein above. Additionally; the parties agree that the legal costs incurred by both parties for such legal action are to be borne by the Client / Customer.
The Parties agree and stipulate that any and all damages will be limited to the total dollar amount of the Services rendered, and all expenses of the parties, related to such legal action brought by the either party, will be incurred and paid for by the Customer / Client.