Terms of Service & Agreement, E. James Ranalli, Attorney (Amazon Seller Suspension Attorneys)
As to these terms and conditions and agreement herein “E. James Ranalli” expressly includes E. James Ranalli and also Cutting Edge Partners, LLC and both of their respective affiliates, agents, contractors, subcontractors, licensees, employees, directors, owners and all associated third party providers. Cutting Edge Partners, LLC is a limited liability company under the laws of the State of Washington, United States of America.
We provide the service/product to you strictly as an independent contractor. These terms and conditions and agreement shall supersede all previous communications and understandings as between you and Us. The service/product provided by Us is “as is” without express, statutory or implied warranties of any kind, including, but not limited to implied warranty of merchantability, implied warranty of fitness for a particular and any express or implied warrantee of non-infringement. You bear all risk of loss by using Our service/product. In using Our service/product you agree that you are solely responsible for your own due diligence and for obtaining your own data and for obtaining your own expert advice in making business and marketing decisions. We do not represent or guarantee positive result(s) and in fact the result(s) may be negative or harmful to you. We are not responsible for your consequential or resultant damages or your loss of data, loss of your website and/or Amazon account or store status, loss of rank or search engine ranking(s), loss of customers, loss of reputation, loss of income, loss of assets, interruption of third party services to you or any other loss of yours’ no matter of the type or kind of loss/losses and no matter as to the amount of the loss/losses.
You agree to defend, indemnify Us and hold Us harmless against any and all claims of liability, demands, judgments, arbitration awards, investigations, pre-litigation(s), litigation(s), administrative cost, costs, losses, damages, judgments, causes of action(s), injunctions, domestic or foreign proceedings, domestic or foreign main proceeding(s), and expenses (including reasonable attorney’s fees and cost and mediation costs) arising out of the service/product provided to you by Us, including, but not limited to your or Our use of trademarks, copyrights, patents, packaging, trade dress, web content, web graphics, domain names, web hosting, text, videos or any other material, property or intellectual property. We have an unlimited perpetual non-revocable right to use your name, logo and its business statistics in marketing and promotional materials without cost.
Any and all liability on Our part arising out of the service/product provided is expressly limited to an aggregate maximum total of USD five hundred dollars or the actual amount paid to Us – which ever amount is the lesser amount.
Both you and We agree that in the event that a dispute arises from the invoice or these terms and conditions or agreement that the parties will use the mediation services of the American Arbitration Association (AAA) using their commercial arbitration rules, and abide by the State of Washington law regarding civil mediation and will be bound by the decision of the mediator. The mediation panel shall be comprised of (1) one mediator. Each party shall select a mediator who in turn shall select the mediator to mediate the case. The proceeding shall be by binding mediation only with paper only submittal by each party. The mediator shall resolve and decide any and all disputes and issues not resolved between the parties in the mediation process. The party who initiates mediation shall be solely responsible to pay the entire cost of said AAA services and each party shall be responsible for their own costs and costs of representation in said proceedings. The prevailing party is not entitled to any award of any costs, nor attorney fees. The decision of the mediator shall be binding and final and it can be enforced as a judgment in any state or territory of the United States and in any other country in the world. The party who prevails in enforcing said mediation decision shall not be awarded any costs of enforcement nor attorney fees. You stipulate that venue and jurisdiction rests in the State of Washington and that the laws of that state shall apply. If any provision(s) of the invoice or these terms of service and agreement shall be determined to be unenforceable the remainder shall remain enforceable.
Such mediation shall be the sole remedy permitted under these terms of service and agreement. However, in the event of arbitration(s), administrative hearing(s), mediation(s), pre-litigation(s) and litigation(s) in any court in the world and/or any other venue relating to our service/product provided you that is caused or is brought by any 3rd party that you shall be solely responsible to pay your own attorney’s fees and cost and other expenses.
Failure of Us to enforce any provision of these terms and conditions and agreement does not constitute a waiver and any such term or condition not enforced by Us may be enforced at a later time. Our invoice to you must be paid upon receipt regardless as to if We have partially or fully completed/provided the service/product. In the event of non-payment of any Invoice, We may use all legal means of collection authorized by these terms and conditions and agreement and We are entitled to related reasonable attorney’s fees and costs. The returned or non-sufficient funds check or card payment fee to you shall be $25.00 and 0.83 percent interest per month, or at Our option the maximum interest permitted by law, shall be added to balances due and unpaid by the you.
By paying Our Invoice, you agree that you have read, understand and agree to the Invoice and to these terms and conditions and agreement, and you agree to the amount of the billed invoice. A copy of the Invoice and/or of these terms and conditions and agreement shall have the same force and affect as the original.