This Agreement dated below is between CMCS Management, Inc. ("CMCS") and the facility below ("Facility"). CMCS has agreed to serve as a consulting entity for the Facility. The Facility desires to engage CMCS, and CMCS desires to be engaged by the Facility, upon the terms and conditions set forth herein.
In consideration of the mutual covenants and agreements herein contained, CMCS and Facility agree as follows: CMCS shall 1) twice per month prepare and coordinate educational materials for the Facility 2) provide Facility a username and password monthly for the unlimited internet consulting 3) list the facility on www.attorneyspi.com. 4) CMCS hereby licenses to the facility the non-exclusive right to advertise and disseminate www.attorneyspi.com. 5) shall bill the facility’s credit card $199 per month, commencing on the date of this agreement until termination as described herein 6) a one time $200 set-up fee will be charged to the facilities credit card. The Facility is solely responsible for the transmission of any materials in an independent agreement with an outside vendor. CMCS shall inform the outside vendor on behalf of the facility, to send to Facility at least 24 hours prior to the transmission of the material, a copy of the content being transmitted. Should the facility object to the content thereof, it shall notify CMCS and the vendor via e-mail with electronic receipt thereof, to correct said transmission. In the event no notice is sent, the Facility has consented to said transmission. Facility has the exclusive right to select any outside vendors, providers same comply with all Federal, State and Local statutes and regulations. Facility also has the exclusive authority and control over the development and the contents of all databases that CMCS has been directed to develop for the Facility for the distribution of any materials, including but not limited to said educational materials.
This agreement, upon 15 days written or electronic notice, with confirmation from CMCS, may be terminated for any reason by the Facility and for any reason at any time by CMCS provided CMCS has met its timely obligation to the Facility. Once a Facility enters into the agreement and a username and password have been given to the facility by CMCS, there will be no refund of any funds as CMCS has no way of reversing the action and the Facility is bound to the confidentiality statement.
The Facility also understands and agrees that materials sent by CMCS are the sole property of CMCS. Furthermore, the Facility shall not: Reveal, report, publish, disclose, fax or use any confidential, proprietary or information related in any way to the information, faxes, copies or any material sent to you, or revealed to you by CMCS except with CMCS's written consent.
Furthermore, CMCS shall have the right to apply to any court of competent jurisdiction for an order restraining any breach or threatened breach of this Agreement and for any other relief CMCS deems appropriate including, but not limited to injunctive relief, without the necessity of the posting of any bond or security. This right shall be in addition to any other remedy available to CMCS in law or in equity. Recipient also understands and agrees that it or any of its employees breach this agreement that Facility will be personally liable for any and all damages, including but not limited to all reasonable legal fees.
The Facility shall indemnify and hold harmless CMCS, its agents, employees and principals from any and all issues, claims and matters, disputes of any nature whatsoever arising from the terms of this agreement and/or any services or actions rendered by CMCS to the Facility. CMCS also agrees that it shall not enter into any other agreement for marketing with a competitive facility within 7 miles of the Facility during the terms of this agreement. In cities larger then 1 million in population (NY, LA, Chicago , Philadelphia , San Antonio , Phoenix , San Diego and Dallas ) the restrictive covenant is 2 miles. In cities of 1/2 to 1 million the restrictive covenant is 4 miles (as ranked by www.infoplease.com.) It is the responsibility of the Facility to go to www.Attorneyspi.com monthly and verify the restrictive covenant area as CMCS is not familiar with the demographics of all locations. Should a competitive office be enrolled inadvertently, the first location to sign up verified by fax stamp or e-mail date will be maintained in the program. The Facility will not be entitled to a refund as CMCS will terminate the other location instantly upon notification via e-mail.
The facility also understands that CMCS does not render any legal opinions and it is the responsibility of the facility to seek counsel regarding facility's state and federal regulations, including but not limited to all transmitted materials and recommendations. This Agreement may not be amended, altered or supplemented except by a written agreement executed by both parties. Any litigation arising from this Agreement shall be maintained in the Supreme Court of the State of New York in and for the County of Suffolk, which shall have exclusive jurisdiction. By Agreeing below, I represent that I am the owner of the facility.
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