Laserfiche WebLink
<br />accordance with the Rules. The decision of <br />the arbitration will be final and binding on <br />the parties and may not be appealed except <br />as the Rules may permit. Such decision may <br />be enforced by any court of competent <br />jurisdiction. The prevailing party in any such <br />dispute will be entitled to recover its <br />reasonable costs of arbitration, including <br />reasonable attorneys’ fees and expenses. <br />The foregoing will not prevent either party <br />from seeking purely injunctive relief in any <br />court of competent jurisdiction. Further, <br />Uniguest may bring an action to collect any <br />payment due hereunder in any court of <br />competent jurisdiction, and Customer <br />hereby consents to the jurisdiction of t he <br />federal and state courts located in <br />Snohomish County, Washington for such <br />purposes. <br />WITHOUT LIMITING THE FOREGOING, <br />EACH OF THE PARTIES HERETO <br />IRREVOCABLY WAIVES ANY AND ALL <br />RIGHT TO TRIAL BY JURY IN ANY LEGAL <br />PROCEEDING ARISING OUT OF OR <br />RELATING TO THIS AGREEMENT. <br />FURTHER, ANY LITIGATION MUST BE ON <br />AN INDIVIDUAL BASIS. THIS MEANS <br />NEITHER CUSTOMER NOR UNIGUEST <br />MAY JOIN OR CONSOLIDATE CLAIMS IN <br />ANY ACTION BY OR AGAINST UNIGUEST <br />OR OTHER UNIGUEST CUSTOMERS, OR <br />LITIGATE IN COURT OR ARBITRATE ANY <br />CLAIMS AS A REPRESENTATIVE OR <br />MEMBER OF A CLASS OR IN A PRIVATE <br />ATTORNEY GENERAL CAPACITY. <br />Entire Agreement. This Agreement <br />expresses the entire understanding <br />between the parties with respect to the <br />subject matter hereof, and supersedes any <br />prior or contemporaneous agreement or <br />understanding between the parties, whether <br />written or oral, <br />relating to the subject matter hereof. The <br />Agreement prevails over any of Customer’s <br />general terms and conditions of purchase <br />regardless whether or when Customer has <br />submitted its purchase order or such terms <br />to Uniguest and regardless whether such <br />Customer general terms are in addition to or <br />different from any terms set forth herein. <br />Fulfillment of Customer’s Order by Uniguest <br />does not constitute acceptance of any of <br />Customer’s terms and conditions by <br />Uniguest and does not serve to modify or <br />amend the Agreement. <br />Order of Precedence. To the extent of any <br />conflict between the terms set forth herein, <br />the terms of an Order, or the terms of any <br />Supplemental Terms attached to or <br />referenced in these Terms, the following <br />order of precedence will apply: the Order <br />(but solely with respect to such Order), these <br />Terms, the applicable Supplemental Terms. <br />No Third Party Beneficiaries. This <br />Agreement is solely between and for the <br />benefit of Customer and Uniguest, and no <br />person or entity other than the parties <br />themselves has any rights or remedies under <br />this Agreement. <br />General Warranties. The parties warrant that <br />the respective individuals signing the Order <br />on behalf of the parties hereto or executing <br />any other document acknowledging such <br />party’s acceptance of these Terms have the <br /> <br />