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Friday, 20 August 2004 |
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IMPORTANT NOTICE CONCERNING ELECTRONIC SIGNATURES
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By submitting this registration, the applicant
(hereinafter referred to as "applicant", "you", or sometimes "your")
affirmatively consents to the use of electronic
means to agree to these Terms and Conditions
(hereinafter referred to as the "Agreement") between you and
Jakawan LLC (collectively hereinafter referred to as the "Parties")
under North Carolina General Statute §66-308.16,
consistent with the provisions of Section 102(a)2A
of the federal Electronic Signatures in Global and National
Commerce Act, Senate Bill 761, 106th Congress, 2nd Session (2000)
and any codifications or revisions thereafter.
YOU HAVE THE RIGHT TO HAVE THIS AGREEMENT PROVIDED OR MADE AVAILABLE TO YOU ON PAPER
OR IN SOME OTHER NON-ELECTRONIC FORM. YOU ALSO HAVE THE RIGHT TO WITHDRAW CONSENT TO
HAVE THE AGREEMENT PROVIDED TO YOU IN ELECTRONIC FORM, and such withdrawal of consent will not
terminate this Agreement between you and Jakawan LLC. YOUR CONSENT TO THE USE OF ELECTRONIC MEANS
TO AGREE TO THIS AGREEMENT APPLIES ONLY TO THE PARTICULAR TRANSACTION OF THIS
AGREEMENT, AND DOES NOT APPLY TO OTHER TRANSACTIONS WITH JAKAWAN, LLC.
A paper or non-electronic copy will be provided to you without
charge upon your sending a self-addressed, stamped envelope with
correct first class postage to Jakawan LLC at the address provided
below in this Agreement with a letter informing
Jakawan LLC that you wish to withdraw consent to electronically sign
this Agreement and that you wish to obtain a
copy of this Agreement in paper or other non-electronic form.
Alternatively, a paper or non-electronic copy of this
Agreement may be obtained by printing this Agreement
using your equipment. By submitting this registration, you
also agree that you have demonstrated that you can access
information in the electronic form that is used to provide
the information that is subject to this consent, and that
this Agreement can be accessed by using any personal
computer with an Internet connection which is capable
of receiving and decoding information used on the World
Wide Web.
RELEASE OF LIABILITY. By the execution of this Agreement,
and in consideration of your participation in a
cooking demonstration by Jakawan LLC, and of the mutual promises
contained herein and for other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged,
the Applicant does hereby remise,
release, acquit, satisfy, and forever discharge Jakawan LLC, its successors, assigns, officers, directors, members,
managers, shareholders, employees, agents, contractors, subcontractors, representatives and attorneys from all
manner of actions, causes of action, suits, debts, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, costs
including attorney's fees, losses, liabilities, executions, claims and demands whatsoever, in law or in equity, however
denominated, whether known or unknown, contingent or absolute, existing or hereafter arising, apparent or
unapparent, accrued or unaccrued, arising out of or related in any way to the acts, omissions, events, incidents,
transactions, occurrences or any matter or cause whatsoever, with respect to the cooking demonstrations provided
by Jakawan LLC, in which you may actively participate and all disputes hereafter arising among or between any or all
of the parties, except as specifically set forth herein.
It is understood and agreed that this Agreement represents a full and final release of all claims of every nature and
kind whatsoever arising out of or related in any way to the cooking demonstration provided by Jakawan LLC, in
which you may actively participate, including any claims which the Parties hereto may have or may contend that they
may have, and you further understand that you are releasing all present and future claims arising out of or related to
said cooking demonstration that are known, unknown, suspected and unsuspected, except as specifically set forth
herein.
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs,
successors, assigns and parent and subsidiary corporations as the case may be.
The laws of the State of North Carolina shall govern the validity and construction of this Agreement and any dispute
arising out of or relating to this Agreement, without regard to the principles of conflict of laws. The parties submit to
the exclusive jurisdiction of the General Court of Justice of the County of Wake in the State of North Carolina. All
actions and proceedings arising out of or relating t o this Agreement shall be heard and determined in the General
Court of Justice of the State of North Carolina in the County of Wake. You agree that the situs and full performance
of this Agreement is Raleigh, North Carolina in the United States of America and that the appropriate forum in which
to hear any dispute or cause of action is the aforementioned court.
A ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or
unenforceable in any respect shall not affect any other provision of this Agreement so long as the economic or legal
substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had been amended
to the extent necessary to be enforceable within the jurisdiction of the court making the ruling and to preserve the
transactions originally contemplated by this Agreement to the greatest extent possible.
Any notices given by you under this Agreement may be sent to Jakawan LLC, 4514 Still Pines Drive, Raleigh, NC
27613.
This Agreement constitutes the entire and fully integrated understanding and agreement of the Parties hereto. There
are no other agreements, arrangements or understandings among all or between any of them written or oral, except as
expressly provided herein.
This Agreement may not be altered, waived or terminated except by written agreement, signed by the party against
whom such action is sought.
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Last Updated ( Monday, 17 April 2006 )
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