Ovation

You (the "Client") have requested the credit services of Ovation Credit Services Inc., a Florida corporation located in Duval County, Florida ("Ovation") and Ovation has agreed to provide credit repair services pursuant to the terms herein. This Agreement is dated and effective upon the date that the Client accepts the terms herein via electronic signature as recorded electronically by Ovation.

1. Ovation's Scope of Services:

Ovation is a corporation providing credit services developed by and managed under the supervision of staff attorneys. Ovation's services include assisting you in evaluating your credit report and assisting in obtaining corrections or other actions to assist you in having your report be as accurate and, therefore, beneficial to you as possible. Ovation does not offer credit to consumers or lend money. Upon execution of this Agreement, Ovation shall provide the following services

Service 1 - Initial Set-Up.Upon execution of this agreement, Ovation will perform the following set-up and related services (the "Initial Set-Up"): (i) set-up of the Client's profile, (ii) set-up and opening of the Client file, (iii) provide information about documents necessary and steps to proceed, (iv) provide access to our client-only sections of our website, (v) provide telephone and email support for any questions you may have during the Initial Set-Up period, and (iv) enter the Client profile into our database for electronic processing and storage to enable the client to have unlimited online access to their account and to permit the client to electronically notify and inform us of relevant information concerning their credit reports once the Client has provided the credit reports to us. PLEASE NOTE: Ovation does not provide credit reports. You are responsible for obtaining your credit reports. Upon the completion of the Initial Set-Up, Service 1 shall be deemed fully complete and performed.

Service 2 - Monthly Services.

Essentials Program: This section applies to Clients who have selected the Essentials program. Each month that you choose or decide to remain a client, Ovation will provide the following additional minimum services to the Client: (i) working to clear and/or correct your credit report of the credit and personal items which you believe are inaccurate, misleading or unverifiable, (ii) reminders about materials or information that the Client needs to provide to Ovation, (ii) access to trained Ovation credit advisors, (iii) review and analysis of your case file and correspondence from credit bureaus, as applicable, (iv) assisting you in your individual efforts to restore your credit, (v) filing with the appropriate credit bureaus requests for verification or clarification of all disputed items properly submitted by the Client to Ovation during the month, as applicable, (vi) the electronic updating, maintenance and storage of the Client's case file, and (vii) provide unlimited online access to the Client to access their account information. At the end of each month that you remain a client and that Ovation provides Monthly Services described herein, Service 2 shall be deemed fully complete and performed for that month.

Essentials Plus Program: This section applies to Clients who have selected the Essentials Plus program. Each month that you choose or decide to remain a client, Ovation will provide the following additional and separate minimum services to the Client: (i) working to clear and/or correct your credit report of the credit and personal items which you believe are inaccurate, misleading or unverifiable, (ii) reminders about materials or information that the Client needs to provide to Ovation, (ii) access to trained Ovation credit consultants, (iii) review and analysis of your case file and correspondence from credit bureaus properly submitted to Ovation during the month, (iv) assisting you in your individual efforts to restore your credit, (v) filing with the appropriate credit bureaus requests for verification or clarification of all disputed items properly submitted by the Client to Ovation during the month, (vi) the drafting and sending of personalized 'goodwill letters' to your creditors based upon disputes properly submitted to Ovation during the month, (vii) review and analysis of correspondence from creditors and others properly submitted to Ovation during the month, (viii) drafting and sending recommendation letters at the Client’s request, signed by a staff attorney, to assist you in future dealings with potential creditors, (ix) the electronic updating, maintenance and storage of the Client's case file, and (x) provide unlimited online access to the Client to access their account information. At the end of each month that you remain a client and that Ovation provides Monthly Services described herein, Service 2 shall be deemed fully complete and performed for that month.

Program Add On Services:

Ovation offers the following program enhancements that can be added to either the Essentials Program or the Essentials Plus Program:

Identity Optimization: If you, the Client, select the Identity Optimization program add on to either the Essentials or Essentials Plus program, Ovation will prepare and file with the appropriate credit bureaus requests for verification, clarification or correction of all personal information and inquiries, properly submitted by the Client to Ovation during the month.

Fast Track: If you, the Client, select the Fast Track program add on to either the Essentials or Essentials Plus program, Ovation will prioritize your data entry and bureau/creditor responses, as appropriate, properly submitted by the Client to Ovation during the month to process prior to processing non-participating clients.

If you, the Client, seek additional services not contained in the Program you selected, a separate agreement may be required.

2. Outcome Guarantee and Estimated Length of Time

As the particular issues involved in each individual case vary from case to case, we cannot guarantee a specific outcome or accurately predict how long it will take. As such, the dispute process may take more or less than twelve months. On average, clients remain active for 6 to 8 months, although for each individual case, this average can be reduced or extended based upon the promptness of the client to forward necessary information and upon the number and circumstances of the issues being disputed on the individual's credit report.

3. Cost for Services:

The total amount charged to you will depend on the length of time that you choose to remain a client. Ovation charges you an Initial Setup Payment at the completion of the first five (5) days of service. This payment covers all of the work fully and completely rendered as described in Paragraph 1, Ovation’s Scope of Services, section titled Initial Set-Up. This payment covers all of the work fully and completely rendered as described in Paragraph 1, Ovation’s Scope of Services, section titled Initial Set-Up. At the end of each month thereafter, Ovation charges your credit card the monthly rate for your Program to cover the services fully and completely rendered during that month as described in Paragraph 1, Ovation’s Scope of Services, section titled Monthly Services.

The rates charged are currently:

Essentials Program: $87 Initial Set-up Payment, $37 Monthly Payments thereafter for each month that the Client chooses to participate in the program.

Essentials Plus Program: $87 Initial Set-Up Payment, $57 Monthly Payments thereafter for each month that the Client chooses to participate in the program.

An additional one time charge of $25 per add-on service selected may apply to your Initial Set-Up Payment. Ovation does not charge in advance of any service being rendered. Ovation charges only after the Initial Set-Up is complete and the monthly agreed upon services are rendered fully and completely for each month that the Client chooses to remain a Client.

4. Terms for Payment:

You grant Ovation permission (i) to authorize and capture the Initial Set-Up fee and Monthly Services fees as they become due from your credit card unless you terminate this Agreement and (ii) to verify your account information. You may be charged up to a $25 fee if your payment for Ovation services is not honored upon first presentment by Ovation to your credit card company or bank. Additionally, you grant Ovation permission to authorize and capture the earned but unpaid fees from your credit card for up to 90 days after termination of the Agreement.

5. Cancellation Policy:

You may cancel this Agreement at any time, for any reason or no reason, by providing notification to Ovation. To cancel this Agreement, you may mail or deliver a signed, dated notice stating your desire to cancel this Agreement, including your name, or any other written notice, to Ovation Credit Services, Inc. at P.O. Box 56137, Jacksonville, Florida 32241-6137. In the alternative, you can cancel this contract by sending an email stating your name, Client Identification Number if known, and desire to cancel this transaction to cancel@ovationlaw.com or simply call 1-866-639-3426. You can also complete the Cancellation Notice at the end of this agreement and return it via mail, email or fax.

Ovation has the right to discontinue services and/or terminate this Agreement without prior notice if the Client defaults under this Agreement.

6. Refund Policy:

If you cancel the Agreement within the first five (5) days, you are entitled to a complete refund of any funds paid to Ovation. You understand and acknowledge that the initial Setup Payment is non-refundable after five (5) days of the date that your case is opened. After five (5) days, you may be entitled to a full or partial refund of any Monthly Payments. During any month, if we fail to provide the agreed upon services in Ovation's sole discretion, we will refund your Monthly Fees for that month. To request a refund, simply mail a refund request, or email a refund request to accounts@ovationlaw.com or call us.

7. Electronic Signature/Limited Power of Attorney:

To provide our services for you pursuant to the Program you have selected, we require your permission to draft, sign, and send letters to creditors and the credit bureaus on your behalf and in your name specifically addressing the items on your credit report that you identify as inaccurate, misleading or unverifiable. By granting Ovation a Limited Power of Attorney, you give Ovation authority and permission to write and send letters to creditors and credit bureaus on your behalf and in your name.

8. Client Obligations:

Client agrees to provide Ovation with any and all information, in a timely manner, needed to facilitate the services to be provided to the Client. The Client authorizes Ovation, its employees and agents to prepare all necessary correspondence, either written or electronic, relating to Ovation's services and to submit to Ovation any additional information legally required or necessary to support those services. The Client agrees to forward immediately to Ovation all correspondence from the credit bureaus, creditors or others relating to services provided by Ovation. The Client understands that all information provided to Ovation must be true and accurate to the best of the Client's knowledge. The Client agrees to print or save a copy of this Agreement to retain with your personal records. The Client acknowledges that Client intentionally sought out Ovation in the State of Florida to perform services available under federal law only in and from the State of Florida. Client agrees that dispute letters drafted, signed and mailed on your behalf and/or in your name by Ovation are proprietary to Ovation and will not be kept as part of your client file. Client agrees to make copies of any documents provided to Ovation to retain with your personal records. Ovation may not return documents forwarded by you. Client understands that Ovation is not a law firm, but instead is a corporation offering credit report repair services developed by and managed by our staff attorney(s).

9. Arbitration:

Any claim arising out of or relating to this Agreement or Ovation's services, or the enforceability or scope of this arbitration provision, or the enforceability of this Agreement, shall be settled by binding arbitration on an individual basis and not consolidated with any other person's claim. The arbitration shall be conducted through and in accordance with the commercial arbitration rules of the American Arbitration Association. For a copy of their procedures, contact the American Arbitration Association at www.adr.org. The arbitrator's decision will be final and binding except for any appeal rights under the Federal Arbitration Act. To the maximum degree available, the arbitration shall be conducted solely and exclusively in Duval County, Florida.

IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, NEITHER THE CLIENT NOR OVATION SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. PRE HEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER THE CLIENT NOR OVATION SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CLIENTS OF OVATION WITH RESPECT TO THEIR AGREEMENTS WITH OVATION OR OVATION'S SERVICES, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If the arbitration clause above is held not to be enforceable by any court or through any arbitration proceeding, then to that extent, any legal or equitable action concerning this Agreement that involves the Agreement or Ovation's services shall be initiated and conducted only in the state or federal courts in Duval County, Florida, on an individual basis and not consolidated with any other person's claim. Both parties (You and Ovation) agree to submit to the exclusive personal jurisdiction of those courts.

10. Applicable Law and Jurisdiction:

This Agreement is made in Duval County, state of Florida, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and/or interpretation of the arbitration provision, or Ovation's services shall be an appropriate state of federal court located in Duval County in the state of Florida.

11. Joinder and Class Action:

No dispute concerning this Agreement or Ovation's services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class-wide basis.

12. Prevailing Party:

If any litigation or other proceeding is brought by either party in connection with this Agreement or Ovation’s services, the prevailing party in the litigation or other proceeding is entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.

13. Severability:

In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

14. Indemnification:

The Client agrees to defend, indemnify and hold Ovation and its members, managers, employees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of Ovation's provision of services to the Client under this Agreement or the Client's breach of this Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of Ovation's gross negligence or willful misconduct. The Client further agrees to pay Ovation's reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under this Agreement.

15. Entire Agreement:

This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements with respect thereto. This Agreement shall not be amended or modified, except in writing signed by each of the parties hereto.

16. Contacting Ovation:

Our principal business address and the name and address of its agent in the state authorized to receive service of process is as follows:

Mr. Terry D. Cordell, Esq.
Ovation Credit Services, Inc.
9310 Old Kings Road South #404
Jacksonville, FL 32257

17. Electronic Signature/Acceptance of Agreement:

The Client agrees that his or her digital signature is equivalent to a handwritten signature as provided in The Federal E-Sign Act. By checking the box that you, the Client, have read and agree to the terms of this Agreement, you are submitting your acceptance to the terms herein electronically as if you had physically signed the Agreement.

18. Consumer Credit File Rights Under State and Federal Law:

You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any credit repair company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.

You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.

You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.

You have the right to cancel your contract with any credit repair organization for any reason within five days from the date you signed it.

Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.

You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.

If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.

The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:

The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580

You, the buyer, may cancel this contract at any time prior to midnight of the fifth working day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.

Pursuant to Florida law, Ovation has established a $10,000 bond. Florida Stat. Ann. § 817.7005. If a court of competent jurisdiction concludes that Ovation has violated the state's Credit Services Organization Act, you may have the right to proceed against the surety or the trust account.

The surety bond is held by:

Western Surety Company
P.O. Box 5077
Sioux Falls, South Dakota 57117-5077

Separate Notice of Cancellation Form (Pursuant to Federal and State Statutes):

NOTICE OF CANCELLATION

You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed.

If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization of your cancellation notice.

To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:

Ovation Credit Services, Inc.
9310 Old Kings Road South #404
Jacksonville, FL 32257

I hereby cancel this transaction effective ________________________

__________________________________________
(Client's signature)

You may send this notification by email to cancel@ovationlaw.com.

Duplicate Copy of Separate Notice of Cancellation Form (Pursuant to Federal and State Statutes):

NOTICE OF CANCELLATION

You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed.

If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization of your cancellation notice.

To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:

Ovation Credit Services, Inc.
9310 Old Kings Road South #404
Jacksonville, FL 32257

I hereby cancel this transaction effective ________________________

__________________________________________
(Client's signature)

You may send this notification by email to cancel@ovationlaw.com.

This agreement (the "Agreement") is entered into between Ovation Credit Services, Inc. ("Ovation"), a Florida corporation with a principal place of business at 9310 Old Kings Rd South, Suite 404, Jacksonville, Florida, 32257, and the party (hereinafter referred to as "You") utilizing the Internet web site created and supported by Ovation (the "Site").

Please read this Agreement carefully before accessing or using the Site. By accessing or using the Service, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site and must leave the Site immediately. If you utilize the Site in a manner inconsistent with these terms and conditions, Ovation may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper.

Ovation provides the information on this Site as a service to the general public. While the information on this site deals with legal issues, it does not constitute legal advice. If you have specific questions related to information available on this Site, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.

Ovation may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use.

Ovation agrees to post information and provide you access to the Site only in accordance with this Agreement.

You accept that the Site is provided on an "as is, as available" basis. Ovation reserves the right to make changes to the Site, including the availability of any feature, database, content, web page materials, product information and prices on the Site at any time without notice or liability. Ovation may also restrict access to You to parts or the entire Site without notice or liability. OVATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL ARTICLES, MATERIAL AND INFORMATION DISPLAYED BY OVATION ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT, NOR INTENDED TO BE, CONSIDERED LEGAL ADVICE OR A SUBSTITUTE FOR SPECIFIC ADVICE.

Ovation does not represent, endorse or warranty the accuracy or reliability of any advice, opinion, memorandum, statement, content, or other information displayed or distributed through the Site, including through links to other web sites. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Ovation reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site are protected by copyright, and are owned or controlled by Ovation or the party credited as the provider of the materials. Copying, modifying, distributing, republishing or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Ovation or the copyright holder identified in the individual content's copyright notice.

You represent, warrant and covenant that you are at least eighteen (18) years old, and that you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (i) Restrict or inhibit any other user from using and enjoying the Site; (ii) Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) Contain a virus or other harmful component; (vi) Contain any information, software or other material of a commercial nature; (vii) Contain advertising of any kind; or (viii) Constitute or contain false or misleading indications of origin or statements of fact.

In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: (i) Unless you are participating in an area of the Site that requires or encourages anonymity, You agree to use your real name in online communications. (ii) You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission. (iii) You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.

You acknowledge that transmissions to and from the Site are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, or for any breach of security associated with the transmission of sensitive information through the Site or any linked site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OVATION SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN THE EVENT THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OVATION AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

You acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and Ovation by Your use of the Site other than as strictly defined pursuant to the Agreement and any subsequent written agreement (such as a Retainer Agreement) entered into with Ovation.

You hereby agree to indemnify, defend and hold harmless Ovation, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. The provisions of this paragraph are for the benefit of Ovation and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Ovation's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Ovation may assign its rights and duties under this Agreement to any party at any time without notice to you.

This Agreement contains the entire understanding between You and Ovation with respect to the Site and no representation, statement, inducement, be it oral or written, not contained herein shall bind either party.

Should any part of the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Agreement had been eliminated.

This Agreement may be terminated by either party without notice at any time for any reason; provided that You may no longer use the Site after You have terminated this Agreement.

You assume total responsibility and risk for your use of the Site and the Internet. Ovation does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site and Ovation shall not be liable for any cost or damage arising either directly or indirectly from Your use of the Site.

The Site, any information provided from it and the Terms of Use are given and made in the state of Florida, United States of America. THESE TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA applicable to agreements made and to be performed in Florida, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. You agree that any and all legal action or proceedings between Ovation and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Duval County in the State of Florida.