Consultation Payment Form

This Payment is to Explore Various Certification & Diversity Programs as They Relate to Your Organization's Needs & Situation
CONTACT PERSON
Name:  
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Email:  
 
  COMPANY PROFILE
 
Legal Company Name:  
Company Website:  
 
  DATE & TIME OF CONSULTATION
   
Date:  
Time (5 a.m. CST - 11:30 a.m. CST):  
 
  PAYMENT METHOD  Credit Card Logos
 
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Consultation Agreement | Business Certification & Diversity Program

Texas Certification Agency, Inc. (Texas Certification Agency™) provides business certification and diversity program consultation services ("Business Certification & Diversity Program Consultation") to organizations interested in discussing various business owner certifications and the establishment of a diversity program as set forth in these Terms and Conditions ("Agreement" or "Contract").

As an applicant for Business Certification & Diversity Program Consultation, you, the applicant, on behalf of yourself as well as your company, heirs, agents, successors, and assigns, ("client(s)") acknowledge that you have read, understand, and agree to be bound by all terms and conditions set forth in this Agreement and included by reference.

By submitting this consultation payment form to Texas Certification Agency™, you agree to abide by all terms and conditions of this Agreement, as well as any and all agreements that Texas Certification Agency™ is currently bound by or will be bound by in the future. You acknowledge that this Agreement is legally binding under the laws of the United States of America and upon submission you have entered into a legally enforceable Contract ("click through contract") with Texas Certification Agency™, as though a physical signature was provided. If you do not agree to the terms and conditions of this Agreement, you are expressly prohibited from receiving Business Certification & Diversity Program Consultation from Texas Certification Agency™.

Texas Certification Agency™ may, from time to time, within our sole and absolute discretion, modify, limit, change, discontinue, or replace this Agreement or any portion thereof. It is your responsibility to review this agreement WHERE PUBLISHED ON www.texasbusinesscertification.com on a regular basis to keep yourself informed of any modifications. In the event we modify, limit, change, or replace all or any portion of this Agreement, NOTIFICATION is DEEMED made immediately upon publication of THE MODIFICATION, LIMITATION, CHANGE, OR REPlACEMENT ON THE Texas Certification Agency™ website www.texasbusinesscertification.com. This Agreement is effective as of the date this electronic submission is made to Texas Certification Agency™ or your payment is processed.

The term of this Contract is thirty (30) days from the date of the electronic submission of this Agreement (Contract) or your payment is successfully processed.

1. REPRESENTATIONS AND WARRANTIES.

Electronically submitting this Agreement constitutes your willingness to enter into this Contract, and representation and warranty by You that You are at least eighteen (18) years of age; have the right, power, legal capacity and appropriate authority to enter into this contract.

Texas Certification Agency™ has not, is not, and will not make any guarantees, promises, or warranties that your company will gain admission into any business certification program, receive award of any contract based upon certification, or gain financial benefit as a result of this Business Certification & Diversity Program Consultation. You agree and understand that Your Business Certification & Diversity Program Consultation with Texas Certification Agency™ is for educational purposes only.

Texas Certification Agency™ is a private Texas-corporation. Texas Certification Agency™ makes no representations regarding the quality, accuracy, rules, or legality of any aspect of any certification program discussed during Your Business Certification & Diversity Program Consultation.

2. PAYMENTS.

A. Consultation Payment.

Successful processing by Texas Certification Agency, Inc., of your payment constitutes acknowledgement of your application to receive Business Certification & Diversity Program Consultation from Texas Certification Agency™. The successful processing of payment by Texas Certification Agency, Inc., will serve as entrance into Contract between You and Texas Certification Agency™, and the appearance of credit card / debit card charges on Your credit card / debit card statement will serve as Your receipt for this transaction. Payment should be accompanied by the submission of the Consultation Authorization Form sent from the Texas Certification Agency™ email address of info@texascertificationdirectory.org to the email address provided by the listed contact person on this electronic submission.

In consideration for processing Your payment to receive Business Certification & Diversity Program Consultation from Texas Certification Agency™, You agree that all fees paid to and processed by Texas Certification Agency, Inc. are immediately the property of Texas Certification Agency, Inc., and are non-refundable.

Texas Certification Agency™ reserves the right to refuse services to any person or any organization.

Electronic submissions and payments to receive Business Certification & Diversity Program Consultation from Texas Certification Agency™ that were unauthorized are not eligible for any refund or return of fees paid and processed by Texas Certification Agency, Inc. It is the responsibility of all debit and credit cardholders to safe-guard their information and therefore it is not the responsibility of Texas Certification Agency, Inc., nor the liability of Texas Certification Agency, Inc., for an individual or company's negligence as a debit and credit cardholder.

B. "Chargebacks".

"Chargebacks" constitute a breach of this Contract. Any chargeback filed is a direct breach of this Contract and does not nullify the monies owed to Texas Certification Agency, Inc. You agree that Texas Certification Agency, Inc., may immediately take legal action against You in response to a chargeback filed by you or in connection with this Agreement to recover the fees paid to Texas Certification Agency, Inc., as well as reasonable legal fees, filing fees, and other associated costs Texas Certification Agency, Inc., accumulates attempting to recover these fees via legally-binding arbitration administered by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree and understand that you will be liable for up to three (three (3)) times the application fee in damages as well as reasonable legal fees, filing fees, and other associated costs Texas Certification Agency, Inc., accumulates attempting to recover these fees via legally-binding arbitration administered by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree and understand that Texas Certification Agency, Inc., reserves the right to respond to your chargeback filing in addition to or in lieu of initiating Arbitration in accordance with the Dispute Resolution section of this Agreement and does not waive its right to initiate Arbitration at any time.

3. CONSULTATION REQUIREMENTS.

Every applicant for Business Certification & Diversity Program Consultation from Texas Certification Agency™ must schedule a specific time, between 5:00 a.m. and 11:30 a.m. Central Standard Time ("CST"), and specific business day, non-U.S. federal holiday, that is within thirty (30) days of the date this electronic submission is executed. Upon receipt of this electronic submission, Texas Certification Agency™ will schedule the expressed specific time and specific date listed on this electronic submission, if available. Texas Certification Agency™ will send a confirmation email to the company's point-of-contact email address listed on this electronic submission from the Texas Certification Agency™ email address info@texascertificationdirectory.org. If the expressed specific time and specific date is not available, Texas Certification Agency™ will send an email from the Texas Certification Agency™ email address info@texascertificationdirectory.org requesting the company's point-of-contact select a different specific time and specific date for Business Certification & Diversity Program Consultation that is within thirty (30) days of the date this electronic submission is executed.

Business Certification & Diversity Program Consultation is performed for a one (1) time cumulative thirty (30) minute session via telephone through a wireline, landline, and / or celluar communication media. You agree and consent that this Business Certification & Diversity Program Consultation cannot be recorded by You. You agree and consent that only the company's point-of-contact ("one-person") may participate in the Business Certification & Diversity Program Consultation. The taking of handwritten notes by the company's point-of-contact, You, is permitted during the Business Certification & Diversity Program Consultation.

Texas Certification Agency™ will telephone the company's point-of-contact as listed on this electronic submission, or mainted in Texas Certification Agency™ records, on the specific date and specific time using the telephone number listed on this electronic submission or mainted in Texas Certification Agency™ records. To change the company's point-of-contact, You, the person listed on this electronic submission using the email address listed on this electronic submission, must send an email to the Texas Certification Agency™ email address info@texascertificationdirectory.org 2 days ("48 hours") before the scheduled date and scheduled time for your Business Certification & Diversity Program Consultation stating the new company's point-of-contact, job title, email addres s, and telephone number. Failure to change the company's point-of-contact as detailed in this clause upholds the person and their contact information listed on this electronic submission as the company's point-of-contact and designated person to receive Business Certification & Diversity Program Consultation from Texas Certification Agency™.

(A) CONSULTATION CONFIRMATION FORM

You are required to submit the Consultation Confirmation Form to info@texascertificationdirectory.org within two (2) business days of this electronic submission to confirm your scheduled Business Certification & Diversity Program Consultation specific time and specific date. Failure to submit the Consultation Confirmation Form within two (2) business days from the date Texas Certification Agency™ sends this document via email to the company's point-of-contact email address as listed on this electronic submission, or maintained in Texas Certification Agency™ records will forfeit your scheduled date, scheduled time, and monies paid for Business Certification & Diversity Program Consultation with no right to refund or return of fees paid and processed by Texas Certification Agency, Inc.

(B) FORFEITED CONSULTATIONS

Applicants for Business Certification & Diversity Program Consultation that do not submit the consulation confirmation form within two (2) business days from the date Texas Certification Agency™ sends this document via email to the company's point-of-contact email address as listed on this electronic submission, or maintained in Texas Certification Agency™ records will forfeit your scheduled time, scheduled date, and monies paid for Business Certification & Diversity Program Consultation with no right to refund or return of fees paid and processed by Texas Certification Agency, Inc.

Applicants for Business Certification & Diversity Program Consultation that do not answer the telephone number listed on this electronic submission or maintained in Texas Certification Agency™ records at the scheduled time on the scheduled date will have ten (10) minutes from the scheduled time to contact Texas Certification Agency™ at the phone number (512) 201-2827 to commence the Business Certification & Diversity Program Consultation. Failure to commence the Business Certification & Diversity Program Consultation will forfeit your Business Certification & Diversity Program Consultation with monies paid for Business Certification & Diversity Program Consultation forfeited with no right to refund or return of fees paid and processed by Texas Certification Agency, Inc.

Applicants that violate the Texas Certification Agency™ Excessive Communication and Abuse policy, in accordance with its due process procedures, will forfeit their Business Certification & Diversity Program Consultation with monies paid lost and no right to refund or return of fees paid and processed by Texas Certification Agency, Inc.

Applicants that fail to respond to the indemnification request, in accordance with the terms of this contract, will forfeit their Business Certification & Diversity Program Consultation with monies paid lost and no right to refund or return of fees paid and processed by Texas Certification Agency, Inc.

Forfeited applications result in the immediate termination of the Business Certification & Diversity Program Consultation with monies paid lost and no right to refund or return of fees paid and processed by Texas Certification Agency, Inc., and the termination of this Contract including continued communication regarding this application for Business Certification & Diversity Program Consultation.

4. PRIVACY AND COMMUNICATION.

You agree and consent that this Business Certification & Diversity Program Consultation cannot be recorded in any manner by You other than handwritten notes. You agree and consent that only one (1) person, the company's point-of-contact listed on this electronic submission or maintained in Texas Certification Agency™ records may participate in the Business Certification & Diversity Program Consultation. You agree and consent that this Business Certification & Diversity Program Consultation will be condcted via hand-held or cellular telephone using the company's point-of-contact telephone number listed on this electronic submission or maintainted in Texas Certification Agency™ records and cannot be broadcasted on speakerphone or other format that enables any other person other than one (1) person, the company's point-of-contact listed on this electronic submission or maintained in Texas Certification Agency™ records, to listen to the conversation.

The taking of handwritten or typed notes by You is permitted during the Business Certification & Diversity Program Consultation. Computer programs that convert audio communications into typed, computer, or other electronic format is not permitted. Persons with disabilities or the inability to hear voice communications should contact Texas Certification Agency™, via email at info@texascertificationdirectory.org, before the scheduled date and scheduled time of their Business Certification & Diversity Program Consultation to arrange alternative methods for their Business Certification & Diversity Program Consultation.

You agree and consent that telephone conversations through wireline, landline, cellular, and / or electronic communication media may be recorded by Texas Certification Agency™ for "quality control" measures without prior verbal notification or the presence of a "beep tone."

Recognized forms of communication between you and Texas Certification Agency™ are to be (1) email communication sent to info@texascertificationdirectory.org; or (2) telephone communication using the phone number of (512) 201-2827. The preferred communication method with Texas Certification Agency™ before your scheduled date and scheduled time for Business Certification & Diversity Program Consultation is to be email at info@texascertificationdirectory.org.

You agree and consent that Texas Certification Agency™ reserves the right at all times to disclose any information provided by you to Texas Certification Agency™ as Texas Certification Agency™ deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

(A) EXCESSIVE COMMUNICATION AND ABUSE POLICY

Texas Certification Agency™ maintains an "Excessive Communication and Abuse Policy" applicable to any and all prospects, applicants, and participants in the Business Certification & Diversity Program Consultation program. Actions constituting violation of the Excessive Communication and Abuse Policy are as follows:

Repeated telephone calls to Texas Certification Agency™, as defined by Texas Certification Agency™
Repeated voice mails to Texas Certification Agency™, as defined by Texas Certification Agency™
Repeated emails to Texas Certification Agency™, as defined by Texas Certification Agency™
Spam emails and spam facsimiles, as defined by Texas Certification Agency™
Using raised voices or exhibiting a verbally aggressive demeanor towards an agent of Texas Certification Agency™, as defined by Texas Certification Agency™
Questioning the credibility or validity of Texas Certification Agency™ as defined by Texas Certification Agency™
Failing to perform due diligence prior to your scheduled Business Certification & Diversity Program Consultation relating to public and private sector business certifications and diversity programs
Repeated attempts by a company representative, not the recognized "point-of-contact" with Texas Certification Agency™, to engage in communication with Texas Certification Agency™ as defined by Texas Certification Agency™

Violation of the aforementioned Excessive Communication and Abuse Policy by a prospect, applicant, or client in the Texas Certification Agency™ Business Certification & Diversity Program Consultation program will result in issuance of a "warning" or "advisory" to the prospect, applicant, or client via from Texas Certification Agency™. Continued excessive communication and abuse will result in the termination of this Contract by Texas Certification Agency™ email address info@texascertificationdirectory.org, in accordance with the its due process policies, as set forth herein.

(i) Excessive Communication and Abuse Policy- Due Process

Texas Certification Agency™ exercises due process in response to violations of this Agreement through Excessive Communication and Abuse Policy. Texas Certification Agency™ will email a Report to the company's point-of-contact, outlining Your Company's violations of the Texas Certification Agency™ Excessive Communication and Abuse Policy. You will be given the opportunity to respond in a professionally written letter stating Your understanding of our Excessive Communication and Abuse Policy and why You violated the Excessive Communication and Abuse policy. Your explanatory letter must be sent via email to info@texascertificationdirectory.org before Your scheduled date and time for Business Certification & Diversity Program Consultation. Upon receipt of your professionally written letter, Texas Certification Agency™ will attempt to address Your issues / concerns for a final time via email address info@texascertificationdirectory.org. During this period of disciplinary conduct, Texas Certification Agency™ reserves the right to suspend communication between You, Your agents and Texas Certification Agency™.

Any second violation of the Texas Certification Agency™ Excessive Communication and Abuse Policy will result in the forfeiture of your Business Certification & Diversity Program Consultation and affords you no right to refund or return of fees paid and processed by Texas Certification Agency, Inc.

5. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF Texas Certification Agency™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Texas Certification Agency™ partners, affiliates, or advertisers be liable to You or any other person for any damages, including for loss of profit or goodwill, for any matter, whether such liability is asserted on any breach of this Contract or its incorporated agreements and policies for any loss in profits or revenues, a lack of financial benefit, or your inability to gain participatory access in any business certification, diversity or procurement program, even if Texas Certification Agency™ has been advised of the possibility of such damages.

Texas Certification Agency™ liability is limited to the total amount paid by You for this electronic submission to receive Business Certification & Diversity Program Consultation by Texas Certification Agency™.

6. DISCLAIMER OF WARRANTIES.

Texas Certification Agency™ expressly disclaims all warranties and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or assurities that Business Certification & Diversity Program Consultation by Texas Certification Agency™ will produce any monetary gain or entrance into any business certification, diversity or procurement program.

Texas Certification Agency™ will make reasonable efforts to obtain "current" information regarding various public and private sector business certifications and diversity programs but makes no guarantees that such efforts will be accurate as it pertains to specific requirements for various public and private sector business certification and diversity program(s) participation.

7. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Texas Certification Agency™ ("Texas Certification Agency, Inc.") and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to the Business Certification & Diversity Program Consultation by Texas Certification Agency™.

In addition, You agree to indemnify and hold Texas Certification Agency™ harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You. This indemnification is in addition to any indemnification required of You as outlined elsewhere in this Agreement.

In the event that Texas Certification Agency™ or any of its affiliates or partners, is notified of a pending law suit, receives notice of the filing of a law suit, or learns that Texas Certification Agency™ or any of its affiliates or partners is the subject or legal action or threatened legal action, Texas Certification Agency™ may seek a written confirmation from You concerning Your obligation to indemnify Texas Certification Agency™. Texas Certification Agency™ will send the "Indemnification Request" via email to your Company's point-of-contact requesting this confirmation. The Indemnification Request email is deemed to have been received by You (through your Company's point-of-contact) within five (5) days of the date it was sent by Texas Certification Agency™.

Written confirmation of indemnification must be received by Texas Certification Agency™ via email at (info@texascertificationdirectory.org) within five (5) days after the date Texas Certification Agency™ sent the Indemnification Request email to Your company's point-of-contact. The written confirmation must be signed by any company officer or employee and returned via email to info@texascertificationdirectory.org. Failure to respond to the indemnification request or failure to provide this written confirmation will forfeit your Business Certification & Diversity Program Consultation with Texas Certification Agency™ with no right to refund or return of fees paid and processed by Texas Certification Agency, Inc.

You agree that Texas Certification Agency™ shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Texas Certification Agency™ of any such claim promptly, in writing, through U.S. Postal Service Certified Mail at Texas Certification Agency, Inc., 100 Congress, Suite 2108, Austin, Texas, USA, 78701, and allow Texas Certification Agency™ to control the proceedings. You agree to cooperate fully with Texas Certification Agency™ during such proceedings.

8. DISPUTE RESOLUTION.

You understand and agree that Texas Certification Agency™ is located in the State of Texas for all legal and non-legal purposes. Therefore, this Agreement will be interpreted under and governed by the laws of the State of Texas without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against us arising out of or in relation to this Agreement will be exclusively resolved through arbitration.

The failure of Texas Certification Agency™ to seek relief for your breach of any duty under this Agreement or otherwise will not waive the right of Texas Certification Agency™ to seek relief for any subsequent breach or claim.

Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled with binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules under the Claims Programs. You agree to waive all rights to a jury trial and All claims will be administered by "desk" arbitration, allowing only for the submission of documents. Judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction.

You agree to pay Texas Certification Agency™ administrative fees in the amount of $150 per hour, in addition to legal expenses, upon initiation of a legal action against Texas Certification Agency™. You agree to pay Texas Certification Agency™ administrative fees in the amount of $150 per hour, in addition to legal expenses, for any legal action initiated by Texas Certification Agency™ against You, the cardholder on file stated on this electronic application submission, the organization stated on this electronically submitted Agreement. You agree that in the event you prevail in full on your arbitration claim that the arbitrator may but is not required to order a refund of any fees paid to Texas Certification Agency™ but in no event will Texas Certification Agency™ be required to pay any portion of the arbitration fees.

YOU AND Texas Certification Agency™ AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR BUSINESS CERTIFICATION AND DIVERSITY PROGRAM CONSULTATION BY Texas Certification Agency™; INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT, EXCEPT THAT OWNER RESERVES THE RIGHT TO ELECT AT ITS SOLE DISCRETION TO PURSUE ANY ACTION ARISING OUT OF COPYRIGHT AND/OR TRADEMARK INFRINGEMENT IN COURT INSTEAD OF THROUGH ARBITRATION.

9. NOTICES.

You agree that all notices (except for notices concerning breach of this Contract) from Texas Certification Agency™ to You may be posted on the Web site, www.texasbusinesscertification.com. Notices concerning breach of Contract will be sent to either the email address provided in this electronically submitted Consultation Payment Form or to the point-of-contact's email address, as maintained on file with Texas Certification Agency™. In either case, delivery of all notices shall be deemed to have been made five (5) days after the date sent.

Notices from You to Texas Certification Agency™ must be sent by email to info@texascertificationdirectory.org.

10. HEADINGS.

The headings in this Contract are descriptive only and in the event of a conflict between a heading and the underlying terms of this Contract, the terms of this Contract shall control.

11. ENTIRE AGREEMENT.

You agree that this Agreement, including policies and agreements referenced herein, constitutes the complete and entire Agreement (Contract) between You and Texas Certification Agency™ regarding Business Certification & Diversity Program Consultation. You understand and agree that there are no further understandings, agreements, or representations with respect to your relationship with Texas Certification Agency™ that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind us.

12. SEVERABILITY.

You agree that the terms of this Contract are severable. If any part of this Contract is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with the applicable law as closely as possible, in line with the original intention of both parties to the Contract. The American Arbitration Association will interpret the contract in accordance with its Commercial Arbitration Rules under the Claims Programs. All claims will be administered by "desk" arbitration, allowing for submission of documents only, and judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction. The remaining terms and conditions of the Contract (not deemed unenforceable) will remain in full force and effect.

13. WAIVER.

The failure of Texas Certification Agency™ to enforce any of the provisions within this Contract or its incorporated agreements and policies against You or others shall not be construed as a waiver of the right of Texas Certification Agency™ thereafter to enforce such provisions. You understand and agree that no term or provision of this Agreement will be deemed to have been wiaved and no breach will be deemed to have been consented to unless such waiver or consent is in writing and signed by the party to be bound.

14. FORCE MAJEURE.

Texas Certification Agency™ ("Texas Certification Agency, Inc., of Austin, Texas, United States of America"), will make every effort to keep the phone number, (512) 201-2827 operational; the Web site, www.texasbusinesscertification.com operational; and provide "current" and "up to date" publicly accessible information regarding the public and private sector business certification and diversity program industry(ies). However, certain difficulties and other factors outside of its control, may from time to time, result in temporary service interruptions or the inability to obtain "current" and "up to date" publicly accessible information regarding specific public and private sector business certification and diversity program(s). You agree not to hold Texas Certification Agency™ liable for any of the consequences of such interruptions. Access to resources other than the aforementioned Texas Certification Agency, Inc. websites and telephone number properties are provided at the sole discretion of the owner(s).

15. CLAIM LIMITATIONS.

OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT A CAUSE OF ACTION WITHIN ONE (1) YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

16. SURVIVAL.

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive any termination or cancellation of this Contract.

17. NO THIRD PARTY BENEFICIARIES.

Nothing in this Agreement/Contract, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Contract, except as expressly provided in this Contract.


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Texas Certification Agency, Inc.
Austin, Texas, 78701, USA.

www.texasbusinesscertification.com/consultation-agreement.php
Last Updated: September 10, 2015.
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  Texas Certification Agency, Inc., Austin, Texas, 78701, USA, (512) 201 - 2827  
info@texascertificationdirectory.org,   www.texasbusinesscertification.com

A Sister Company of Texas Small Business Association™