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terms of use

ChiTex Business Solutions, Inc.

COPYRIGHT AND TERMS OF USE CONTRACT
In addition to paying the purchase price for a ChiTex Business Solutions Product or Products (the Product), as a material part of the contract for purchase of the Products, Purchaser agrees and stipulates forever as follows:

1. The Product is authored, published and fully copyrighted by ChiTex Business Solutions, Inc.

2. The use of the Product, and of any of its contents, is strictly limited to the individual purchasing the Product or to the current business entity purchasing the Product and its employees, to the extent applicable (Purchaser). The use of the Product may not be assigned. The Product and its contents may not be used by any successor business entity.

3. Purchaser agrees it may and will only use the Product and its contents for one sole purpose - - calculating profit for their ecommerce business for research purposes.

4. The Product and the information in the Product may not be disseminated to any third-party in any medium under any set of circumstances except as expressed herein. For example, the Product and its contents may not be reproduced and circulated. The Product and its contents may not be posted to Purchaser’s website. The Product and the information in it may not be reprinted, resold, transferred, or given away, in part or in full, in any manner, without the express advance written consent of ChiTex Business Solutions, Inc., a Texas corporation, its assigns or successors.

5. Purchaser forever agrees and stipulates that in the case of any alleged violation of paragraphs 1 through 4 of this contract, ChiTex Business Solutions, Inc., its assigns and successors, shall have the immediate right to the issuance of a temporary injunction restraining and preventing further violations of this agreement. Purchaser and its successors forever waive any requirement of notice of any hearing or the posting of any bond for the issuance of said injunction. Purchaser and its successors forever stipulate said injunction shall remain in place without the requirement of any bond until the Court of competent jurisdiction issuing the injunction rules finally on the merits of the case. Purchaser and its successors forever stipulate that the alleged violation of paragraphs 1 through 4 herein constitutes irreparable injury to ChiTex Business Solutions, Inc. for which there is no adequate remedy at law. Purchaser and its successors forever stipulate that when ChiTex Business Solutions, Inc. applies for any injunction as described herein, the filing by ChiTex Business Solutions, Inc. of an affidavit simply alleging the violation of paragraphs 1 through 4 of this Agreement is a sufficient showing of irreparable injury and an adequate remedy at law to have that injunction issued and to keep the injunction in place without a bond until the case merits are ultimately decided. Purchaser and its successors shall not in any such action move for the dissolution of a temporary injunction, request that a bond be posted to keep said injunction in place, or argue the absence of irreparable injury or inadequate remedy at law. For purposes of this section, Purchaser shall be construed as any offending party and its present or past employees or agents. If the injunction must be domesticated in any foreign jurisdiction, Purchaser and its successors also forever waive any requirement of the posting of any bond or its substantial equivalent in the foreign jurisdiction for purposes of having the bond issued, kept in place, or enforced.

6. Purchaser and its successors further agree that if ChiTex Business Solutions, Inc., or its assigns and successors, allege by way of affidavit the violation of any temporary or permanent injunction issued per paragraph 5, that ChiTex Business Solutions, Inc., its assigns and successors, shall have the immediate right to pursue contempt charges against Purchaser and/or its successors, and their principals, and to immediately have issued a judgment of contempt, or its substantial equivalent, requiring the arrest and/or incarceration of Purchaser, its principals, and successors until compliance with the injunction is had. Purchaser and it successors forever waive the requirement of the posting of a bond or its equivalent in any jurisdiction in which enforcement of this section is sought.

7. Purchaser and its successors forever agree the sole venue for any civil action arising out of or related to this Agreement or brought by any party to this Agreement shall be in state court, Austin, Travis County, Texas, United States of America. Primary venue shall not lie in any other jurisdiction where it is alleged that a party to this Agreement or its successors violated this Agreement. Purchaser and its successors forever stipulate they will not attempt to remove/transfer any action from Austin to any other jurisdiction or to Federal Court. Texas (United States) law shall govern in any action. Purchaser and its successors stipulate that any order, decree, injunction, or judgment, whether final or non-final, issued by the Austin Court, may immediately be domesticated and/or enforced in any other jurisdiction without the necessity of the posting of any bond or its equivalent by ChiTex Business Solutions, Inc.

8. In any civil action brought to enforce any provision of this Agreement or arising out of or relating in any way to this agreement, the prevailing party in said action shall be entitled to recover all of its expended fees and costs (not just taxable costs but all costs) expended in that action from the losing parties jointly and severally.

9. Purchaser and its successors forever stipulate that any final judgment for monetary damages or attorney’s fees and costs issued pursuant to this Agreement shall be collectible not only from the offending party, Purchaser, or its successors, but also from the principals of same who will automatically be deemed vicariously liable for any judgment issued under any legal theory and regardless of whether said principal is solely, partly, or without fault and regardless of whether ChiTex Business Solutions, Inc. is partly or totally at fault. The principals of Purchaser or its successors shall act as unconditional guarantors and/or indemnitors of said liabilities. Principals shall include all owners, officers, directors, shareholders, or partners. Purchaser and its successors forever waive any liability shield to these principals for purposes of collection of any monetary judgment of damages and/or attorney’s fees issued pursuant to this Agreement and for purposes of this contract generally.

10. Purchaser, its successors and their principals, forever agree to defend and indemnify ChiTex Business Solutions, Inc., its assigns and successors, from all demands, claims, liabilities, and losses sustained by ChiTex Business Solutions, Inc., its assigns or successors, or alleged against them, arising out of this agreement or in any way relating to this Agreement, regardless of the theory of liability alleged against ChiTex Business Solutions, Inc., regardless of the nature or type of loss sustained by ChiTex Business Solutions, Inc., its assigns and successors, regardless of whether Purchaser and/or its successors and principals are alleged to be or determined to be partly, solely, or without fault, and regardless of whether it is alleged or determined that ChiTex Business Solutions, Inc., its successors and/or assigns are partly, solely or without fault.

11. Under no set of circumstances shall ChiTex Business Solutions, Inc., its assigns, successors, or principals be deemed to be acting in concert, as a joint venturer, or partner with Purchaser by virtue of its sale of the Product to Purchaser or otherwise by virtue of this Agreement. Additionally, under no set of circumstances shall ChiTex Business Solutions, Inc., its assigns, successors, or principals be deemed to be acting in concert, as a joint venturer, or partner with any business entity listed in the Product. All parties to this agreement stipulate, acknowledge, and warrant that ChiTex Business Solutions, Inc. is a seller and distributor of only the Product. Under no set of circumstances shall ChiTex Business Solutions, Inc. be deemed a manufacturer, distributor, wholesaler, or retailer of any of the products or goods sold, marketed, distributed or manufactured by any of the entities listed in the Product. ChiTex Business Solutions, Inc., therefore, cannot and does not warrant the merchantability of any product sold, marketed or distributed by any entity in the ChiTex Business Solutions Product, nor does it or can it warrant the fitness of any such products for any particular purpose. Accordingly, ChiTex Business Solutions, Inc. cannot and will not be held responsible under any statutory or common-law products liability laws in the United States or elsewhere.

12. If any portion of this Agreement is deemed legally invalid, void or voidable for any reason, then the remainder of this Agreement shall remain in full force and effect.

13. If this contract is construed by any Court of competent jurisdiction, it shall be construed as if jointly prepared by all parties to it and not strictly against any one party. It shall also be construed wherever possible to afford maximum relief to ChiTex Business Solutions, Inc., its assigns and successors in the context of potential violations of paragraphs 1 through 4 herein.

14. The refund conditions, which are posted to the web-site of ChiTex Business Solutions, Inc. and are incorporated specifically by reference into this contract, has a time limit of 60 days to request a refund. Purchaser’s refund rights are only as described in this agreement and the incorporated referenced website section.

15. This contract contains the entire agreement between the parties to it. Each party agrees each has read the terms, each understands them, and each has consulted with legal counsel of its choosing prior to binding themselves to the contract. Each party agrees it will at no time argue that this Agreement has been modified, supplemented or induced by any oral communications of any kind or character. This Agreement can only be modified by way of a writing signed by the party to be charged (electronic signature acceptable) Agreement.



BY SELECTING THE TERMS OF USE CHECK BOX WHEN LOGGING IN , YOU ACCEPT EACH AND EVERY TERM LISTED ABOVE AND CONSTITUTES A BINDING AND LEGALLY ENFORCEABLE CONTRACT.