IMPORTANT! TERMS OF SERVICE

TERMS OF SERVICE


These terms and conditions are a written contract between YOU and PRESLEY
ELISE LLC. By merely visiting OUR Website, YOU agree to be bound by the
terms and conditions as written below.


It is YOUR responsibility to carefully read This Agreement in its entirety; If YOU
do not agree with any of the terms included therein, YOU should leave OUR
Website immediately. After carefully reading This Agreement in its entirety, YOU
should save and retain a copy for YOUR records.


I. Definitions


Unless stated otherwise herein, the following words shall have the following
meaning in This Agreement:


“WE”, “US”, and “OUR” shall mean PRESLEY ELISE LLC, a Limited
Liability Company registered In the State of Louisiana, United States of
America and domiciled in the Parish of Ascension, State of Louisiana,
United States of America, whose mailing address is PO Box 1076, Gonzales,
LA 70707.


“OUR Website” shall mean presleyelisellc.com and any other website or
social media platform that may be accessed from a link thereon and any
other website from which presleyelisellc.com may be accessed via link
therefrom.


“YOU” shall mean any natural or juridical person who uses OUR Website;
this shall include any other form of the word YOU used herein.


“Content” shall mean any textual, visual or audial information, material, or
media which is encountered as part of YOUR experience on OUR Website.

This shall include, but is not limited to, any text, images, sounds, videos and
animations. Further, it includes any Content Posted on OUR Website by
anyone.


“Post” shall mean the displaying, publishing, exhibition, distribution,
transmittal, disclosure, or dissemination of any Content on OUR Website by
US, YOU, or anyone else; the words "Posted" and “Posting" shall be
interpreted according to this meaning.


“Subscription Service” shall mean any and all of the FanClub subscription
services WE provide as outlined on OUR Website, and/or herein This
Agreement, whether through OUR Website or otherwise.


“Free Service” shall mean any and all of the services which may be accessed
by YOU on OUR Website free of charge as outlined on OUR Website,
and/or herein This Agreement.


“Services” shall mean both Subscription Services and Free Services.


“This Agreement” shall mean these terms and conditions, as they appear
herein, which shall be deemed a binding written contract between YOU and
US, and shall be deemed to have been co-authored by YOU and US, and
shall become binding on YOU and US upon YOUR visiting OUR Website.


“Herein” shall mean a reference to the entirety of This Agreement and not
any one section or subsection of This Agreement unless stated otherwise.


“One (1) month” shall mean thirty (30) consecutive calendar days.


“Residence” shall mean the country in which YOU maintain residence as
well as the country from which YOUR Internet Protocol address originates.
This shall also include words such as reside, resident, etc.

“Third Party” shall mean any person, natural or juridical, who is not a party
to this contract, i.e. any person other than YOU or US.


All words which are not expressly defined herein this section shall be
interpreted in accordance with their usual and customary usage under the
context in which said words are used herein This Agreement.

 

II. Acceptance of This Agreement by YOU


By merely visiting, accessing, or using OUR website, YOU acknowledge
and agree that you have read This Agreement in its entirety and YOU agree
to be bound by all of the terms and conditions as set forth herein.


III. General


A. The terms and conditions below define the obligations and performances which shall or may be owed by YOU to US and by US to YOU. These obligations and performances shall arise only as defined herein. Some obligations and
performances shall arise upon YOU merely visiting, accessing, or using OUR
Website, while other obligations and performances may only arise after further
action is taken by YOU and/or US.


B. Unfortunately, not all Services which appear on OUR Website are offered to
residents of all countries; thus, WE, at OUR sole discretion, retain the right to
refuse to provide any Services to YOU based upon YOUR residence.


C. YOU acknowledge and agree that YOU shall not rely on, and that WE shall not be
responsible or liable for, any information, representation, or definition of any
Services offered on OUR Website which have been provided by any Third Party.

 

IV. Free Service

A. General


1. YOU may enjoy any Free Services provided on OUR Website;
however, such use shall be subject to YOUR compliance with the
terms and conditions herein.


2. YOU may freely access all areas of OUR Website except for those
areas which are reserved for and/or included with Subscription
Service.


B. Term


Any Free Services provided to YOU as a result of YOU merely
visiting, accessing, or using OUR Website shall not be subject to any
term or period and shall be terminable at any time by US at OUR sole
discretion.


V. Subscription Service


A. General


1. Subject to the terms and conditions herein, WE agree to provide to
YOU any Subscription Service which may be outlined and defined
by US on OUR Website at the prices stated on OUR Website from
time to time.


2. YOUR submission of a request or payment to US for any
Subscription Service shall not create a binding contract between
YOU and US and shall not obligate US to accept YOUR request
for, or provide YOU access to, the requested Subscription Service.
OUR obligation to provide YOU with any Subscription Service for
which YOU request or pay shall only arise after WE provide YOU

with written notice that WE have accepted YOUR request and
agree to grant YOU access to the requested Subscription Service.


3. In the event WE provide YOU written notice that WE decline to
accept YOUR request for a Subscription Service, WE shall
reimburse any payment which YOU have remitted to US, in full,
via the method of payment from which YOU remitted payment
within seven (7) days from the date on which WE provide YOU
with such notice.


4. Subscription Service shall be non-transferable.


5. Details of the cost and benefits of Subscription Service shall be
defined and outlined on OUR Website.


B. Term


All Subscription Service, as well as any licenses which may be granted
as part thereof, shall last for a term of one (1) month which shall
automatically renew upon the expiration of any one (1) month term.


1. YOUR initial one (1) month term shall commence upon the date
WE provide YOU with written notice that WE have accepted
YOUR request and agree to grant YOU access to the requested
Subscription Service.


2. All one (1) month terms shall expire on the thirtieth (30 th ) day from
which WE accept YOUR request and agree to grant you access to
the Subscription Service.

3. All one (1) month terms subsequent to YOUR initial one (1) month
term shall commence immediately upon the expiration of the
previous one (1) month term.


C. Pricing


1. The price payable for any Subscription Service shall be clearly
stated on the “FanClub” page of OUR Website.


2. The price charged for any Subscription Service may differ from
one country to another. YOU shall be required to pay the price
required for any Subscription Service based upon the country in
which YOU reside.


3. The prices on OUR Website are inclusive of any applicable goods
and services tax or other sales tax.


4. In the rare event WE have mistakenly underpriced any
Subscription Service, WE shall not be liable to provide that
Subscription Service to YOU at that stated price, provided that
WE notify YOU before WE provide that Subscription Service to
YOU.


D. Payment


1. YOU shall pay all sums due to US under This Agreement by the
means specified without any set-off, deduction, or counterclaim
due to YOU.


2. All payments made by YOU to US for Subscription Service shall
be non-refundable.

3. Bank charges or fees by the Receiving Bank on YOUR payments
made to US shall be borne by US. All other charges relating to
payment in any currency other than United States Dollars shall be
borne by YOU. Any details provided by US on OUR Website in
relation to exchange rates are merely approximate values and may
vary from time to time.


4. Upon the expiration of each one (1) month term of for any
Subscription Service to which YOU subscribe Base, YOUR
subscription shall automatically renew for an additional one (1)
month term.


a. YOU hereby authorize US to automatically process payment
from YOUR chosen payment method for the total sum of the
Subscription Service to which YOU subscribe.


b. WE shall confirm the renewal of that Subscription Service for
another one (1) month term to YOU by either posting an
invoice in YOUR Account or sending YOU a receipt via
electronic mail.


c. At any time prior to the expiration of YOUR Subscription
Service, YOU may take the measures necessary on OUR
Website to access YOUR account and modify and/or cancel
renewal of any of the Subscription Service to which YOU
subscribe.

E. Changes, Modifications, and Amendments


1. At any time, WE, at OUR sole discretion, may change, amend, or
modify any of the terms and conditions of Subscription Service, in
any manner, without any obligation to provide any notice to YOU.

2. After any written changes, amendments, or modifications to any
Subscription Service to which YOU subscribe, whether stated
herein or on OUR Website, has been Posted and appears on OUR
Website, YOUR failure to take the actions necessary to cancel that
Subscription Services shall be deemed a tacit acceptance by YOU
of any and all of the changes, amendments or modifications made
to that Subscription Service.


F. Termination


1. YOU may terminate any Subscription Service to which YOU
subscribe, for any reason, with immediate effect.


2. YOU may terminate any Subscription Service to which YOU
subscribe by sending written notice to US via United States Mail
or electronic mail, by completing the form on OUR Website and
submitting it to US, or by using the designated cancellation button
in YOUR Account.


3. WE reserve the right to verify the validity of any request to
terminate YOUR subscription to any Subscription Service at OUR
sole discretion.


4. WE shall have the right to terminate any Subscription Service to
which YOU subscribe, at any time and for any reason, with
immediate effect, by sending YOU written notice to that effect via
United States Mail or electronic mail, or by Posting such notice to
YOUR Account.


5. Upon termination of any Subscription Service to which YOU
subscribe by either party, for any reason whatsoever,:

a. YOUR right to visit, access, or use the areas of OUR Website
reserved for, or included with, Subscription Services shall
immediately cease;


b. YOU shall not be entitled to re-imbursement or a credit for
any payments YOU have made to US to visit, access, or use
that Subscription Service; and


c. WE shall have no obligation to forward any unread or unsent
messages or Content to YOU or any Third Party.


6. WE retain the right, at OUR sole discretion, to terminate any and
all parts of any Subscription Service on OUR Website, without
any re-imbursement or credit of any fees to YOU.


G. Miscellaneous


In the rare event WE provide YOU free access to any Subscription
Service on OUR Website, YOU agree to abide by any and all
additional contractual terms and conditions to which that Subscription
Service is usually subject.

VI. YOUR Account and Personal Information


D. YOU shall take all reasonable steps necessary to ensure YOUR account
information, including, but not limited to, YOUR username and password, is kept
confidential and secure.


E. YOU shall bear sole responsibility for any action taken by YOU or any other
person utilizing YOUR account while visiting, accessing, or using OUR Website.

C. YOU shall immediately inform US if YOU have any reasonable belief,
whatsoever, that YOUR account information has become, or is likely to
become, compromised or is being, or is likely to be, used in an
unauthorized manner.


D. YOU shall provide US complete, accurate, and up-to-date personal
information; YOU shall bear sole responsibility for any loss or error
made as a result of any inaccuracies in the information YOU provide to
US.


E. YOU shall notify US of any changes to YOUR personal information
immediately upon any change thereto; YOUR failure to do such shall
give US the right to terminate YOUR account and any Subscription
Service to which YOU subscribe.


F. YOU agree to indemnify and hold US harmless for any loss or legal
damages YOU or WE suffer, or may suffer, as a result of YOUR
account being compromised or used in an unauthorized manner due to
YOUR negligence or failure to take the reasonable measures necessary
to insure YOUR account information is kept confidential and secure.


G. YOU agree to indemnify and hold US harmless for any legal damages
and/or criminal penalties WE or YOU suffer or may suffer as a result
of YOUR failure to provide US complete, accurate, and up-to-date
information about YOURSELF.


H. YOU agree to pay stipulated damages in the amount of ONE
MILLION AND XX/100 ($1,000,000.00) DOLLARS if YOU
intentionally provide US with fraudulent, incomplete, inaccurate, or
out-of-date information.


VII. Security of YOUR Credit Card

WE shall take care to make OUR Website safe for YOU to use.


F. Payments are not processed on OUR Website or any other website controlled by US. WE use one or more Third Party online payment service providers who will encrypt YOUR card or bank account details in a secure environment.


B. OUR Website does not store YOUR credit card or bank details for
YOUR next purchase or subscription. That information is held by Third
Party payment services providers who store YOUR relevant payment
data in on their systems, fully encrypt the data, and only use that data to
process YOUR automatic monthly payments or other transactions
which YOU have initiated.

VIII. Restrictions to YOUR Actions and Activities on OUR Website


G. Posting Content

1. YOU shall not use, or allow anyone else to use, OUR Website to
Post any Content which may:


a. be malicious or defamatory;


b. consist in commercial audio, video, or music files;


c. be obscene, offensive, threatening, or violent;


d. be sexually explicit or pornographic;


e. be likely to deceive any person to the true nature of YOUR
identity, age or affiliation with US or any Third Party;

f. give the impression that it emanates from US or that YOU are
connected with US or that WE have endorsed YOU or YOUR
business;


g. solicit passwords or personal information from anyone;
h. be used to sell any goods or services or for any other
commercial use;


i. include anything other than words, i.e. YOU shall not include
any symbols or photographs, except that YOU may be
permitted to use an appropriate photograph of YOURSELF in
YOUR profile in such place as WE designate;


j. contain the name, logo or trademark of any organization other
than that of YOU or YOUR client, and only after obtaining
OUR approval;


k. contain hyperlinks, other than those specifically authorized by
US in writing to YOU;


l. use keywords or words repeated, which are irrelevant to the
Content Posted; or


m. include inaccurate, false, or misleading information.

 

  2. YOU shall not use, or allow anyone else to use, OUR Website to
  do any of the following:


a. Post excessive or repeated off-topic messages to any forum or
group; or

b. Send age-inappropriate communications or Content to anyone
under the age of 18;

B. Making Changes, Amendments, or Modifications to the Appearance or
Functionality of OUR Website


1. YOU shall not, or allow any other person to,:


a. modify, copy, or cause damage or unintended effect to any
portion of OUR Website, or any software used within it;


b. link to OUR Website in any way that would cause the
appearance or presentation of OUR Website to be different
from what would be seen by a user who accessed OUR
Website by typing the URL into a standard browser;


c. download any part of OUR Website, without OUR express
written consent;


d. collect or use any product listings, descriptions, or prices
appearing on OUR Website;


e. collect or use any information obtained from or about OUR
Website or the Content included thereon except as intended by
This Agreement;


f. aggregate, copy, or duplicate, in any manner, any of the
Content or information available on OUR Website, other than
as permitted by This Agreement or as is reasonably necessary
for YOUR use of any Services; or

g. share any login credentials to OUR Website with any Third
Party.

  2. Despite the above terms and conditions, WE hereby grant to YOU a
  revocable limited conditional license to create a hyperlink to OUR
  Website for the purpose of promoting any interests which are
  common to both YOU and US.


a. This revocable limited conditional license, does not authorize or
permit YOU to portray US, OUR Website, or any products or
Services offered by US in a false, misleading, derogatory, or
otherwise offensive manner.


b. This limited conditional license does not authorize or permit
YOU to use any logo or other proprietary graphic or trademark
of OURS as part of a hyperlink without obtaining OUR express
written consent.

IX. Responsibility for YOUR actions on OUR Website


H. Maintaining the confidentiality of YOUR personal information is of utmost
importance to US; OUR detailed Privacy Policy can be found at
https://www.presleyelisellc.com/privacy-policy.


B. Any Content YOU Post to any area accessible by the public on OUR
Website shall be deemed to be available in the public domain; and, as
such, YOU acknowledge and agree that WE have no control over who
may see that Content or what anyone may do with that Content.


C. YOU shall accept all risk and responsibility for determining whether
any Content is in the public domain and not confidential. For YOUR

own protection YOU should avoid Posting unnecessary confidential
information to any area on OUR Website.


D. Posting Content of any sort does not change YOUR ownership of the
copyright to said Content. WE have no claim over it and WE shall not
be obligated to protect, indemnify, or hold YOU harmless for any
copyright infringement.


E. YOU shall be personally and solely responsible for YOUR violation of
any civil or criminal statutes, rules, regulations, and/or duties which
may occur as a result of any Content YOU Post.


F. YOU shall notify US of any reasonably perceived security breach or
unauthorized use of YOUR account.


G. WE do not solicit ideas or text for improvement of OUR Services;
however, if YOU send US, or Post, Content of any sort, YOU shall be
deemed to have granted to US an unconditional license to use such
Content in perpetuity without any compensation due to YOU.

X. Removal of Content on OUR Website


I. WE shall have no obligation to monitor or record the activities of any person for any purpose, nor shall WE have any obligation to monitor, police, or moderate activities which occur on the internet. However, WE may choose to do any of the above-mentioned activities, at OUR sole discretion, without any obligation to provide YOU with notice or explanation for the actions taken by US.


B. If YOU reasonably believe any Content on OUR Website to be
offensive and would like to have such Content removed from OUR
Website, YOU shall follow the protocols outlined below:

1. YOUR claim or complaint must be submitted to US in the form
available at https://www.presleyelisellc.com/book or via electronic
mail. If YOU choose to submit a claim or complaint via electronic
mail, YOU must include all the information requested on the above-
referenced form;


2. WE shall temporarily remove the Content cited in YOUR claim or
complaint as soon as WE are reasonably able;


3. WE shall investigate YOUR claim or complaint to the degree WE
determine to be necessary, at OUR sole discretion;


4. WE shall make a determination, based on OUR investigation, on
whether or not the Content cited in YOUR claim or complaint will
be reinstated.


C. Upon submitting a claim or complaint to US, whether using the form
provided on OUR Website or not, YOU agree to irrevocably grant to US
an unconditional license to publish the claim or complaint and any and
all ensuing correspondence and communication, without limitation.


D. YOU agree that if any claim or complaint made by YOU is deemed by
US, at OUR sole discretion, or OUR representatives, at their sole
discretion, to be frivolously or vexatiously, YOU shall repay US the
cost of OUR investigation including, but not limited to all actual legal
fees, costs, and expenses incurred by US or on OUR behalf.

XI. Disclaimers


A. All conditions, warranties, and terms which are customarily implied by
law are hereby excluded from This Agreement.

B. OUR Services are provided to YOU “as is”; WE make no representation
or warranty that the Services will be:


1. useful to YOU;


2. of satisfactory quality to YOU;


3. fit for any particular purpose for which YOU may intend;


4. available or accessible to YOU, without interruption, or without
error;


C. Neither the use of the Services on OUR Website, nor the exercise of any
right granted to either party under This Agreement, shall infringe upon
any other rights of any other person, natural or juridical.


D. Though OUR Website may contain links to other websites, WE have
neither power nor control over any aspect of any such website. YOU
acknowledge and agree that WE shall not be liable in any way for the
Content of any such linked website or for any loss or damage arising
from YOUR use of any such website.


E. YOU acknowledge and agree that WE shall not be liable, under any
circumstances, for special, indirect or consequential damages, or any
other damages, whatsoever, resulting from loss of use, loss of data or
loss of revenues or profits, whether under the legal theories of contract,
tort, or otherwise, arising out of or in connection with YOUR use of
OUR Website.


F. WE claim no expert knowledge in any subject. WE disclaim any
obligation or liability to YOU arising directly or indirectly from
information YOU take from OUR Website or receive directly from a
Third Party as a result of an introduction via OUR Website.


G. At any time, WE, at OUR sole discretion, may change, amend, or
modify any of the terms and conditions of This Agreement in any

manner without any obligation to provide any notice to YOU and
without any obligation to provide YOU reimbursement for any
payment YOU have made to US for any reason.


XII. Duration and Termination of This Agreement


H. This Agreement shall remain operative for the duration of YOUR visit,
access, or use of the Free Services offered on OUR Website, or for the
duration of the term for which YOU have subscribe to any Subscription
Services, whichever is greater, unless otherwise stated herein


I. YOU may terminate This Agreement at any time, for any reason, with
immediate effect. YOU may terminate This Agreement either by
sending written notice to US via United States Mail or electronic mail,
by completing the cancelation form on OUR Website and submitting it,
or by using the designated cancellation button in YOUR Account. WE
reserve the right to verify the validity of any request by YOU to
terminate This Agreement.


J. WE may terminate This Agreement at any time, for any reason, with
immediate effect, by sending YOU written notice to that effect via
United States Mail or electronic mail.


K. Termination of This Agreement by either party shall relieve both parties
of all obligations and performances which may be owed to the other
party so long as neither party is in breach of This Agreement.


L. In the event This Agreement is terminated by either party, YOU shall
not be entitled to re-imbursement or credit of any payment YOU have
made to US for any reason.

XIII. Storage of Data


YOU acknowledge and agree that WE assume no responsibility for the
deletion or failure to store or deliver electronic mail or other messages.

A. WE may, from time to time, set a limit on the number of messages
YOU may send, store, or receive through the Service provided on OUR
Website. WE shall be entitled to delete messages in excess of that limit.
WE shall have no duty to provide YOU notice of any change to YOUR
limit.


B. YOU acknowledge and agree that WE shall not be liable to YOU for
any such deletion or failure to deliver to YOU.

XIV. Interruption to Services


J. If at any time it becomes necessary for US to interrupt the Services provided on OUR Website and WE, at OUR sole discretion, determine the down time will be significant enough to justify informing YOU, WE shall provide YOU reasonable notice whenever such is possible.

B. YOU acknowledge and agree that the Services provided on OUR
Website may also be interrupted for many reasons beyond OUR control.

 

C. YOU acknowledge and agree that WE shall not liable to YOU for any
loss, foreseeable or not, arising from any interruption to the Services
provided on OUR Website.


XV. Limitation of liability


M. YOU Acknowledge and Agree that OUR total liability to YOU, for any
one event or series of related events, whether in contract, tort, breach of
statutory duty or otherwise, shall be capped at ONE HUNDRED AND
XX/100 ($100.00) in aggregate.


N. Neither party shall be liable to the other in any possible way, for any
loss or expense which is indirect or consequential loss or economic loss
or other loss of turnover, profits, business or goodwill.

O. Any paragraph within This Agreement which excludes or restricts OUR
liability shall also apply to any liability of OUR directors, officers,
employees, subcontractors, agents and affiliated companies as well as to
US.


XVI. Indemnity


YOU agree to indemnify US against any loss, damage or liability, suffered
by US at any time which arises out of:


P. any act, intentional or negligent, or default of YOURS in connection
with This Agreement or YOUR use of the Services;


Q. YOUR breach of this agreement;


R. YOUR failure to comply with any law; or


S. a contractual claim arising from YOUR use of the Services.


XVII. Miscellaneous


A. Each term, condition, or provision of This Agreement shall be
interpreted as severable and shall not in any way affect any of the other
of these terms, conditions, or provisions included herein.


B. If any term, condition, or provision of This Agreement is at any time
held by a court of competent jurisdiction to be void, invalid or
unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of the State of
Louisiana and to prevent it from being void, invalid or unenforceable
and it shall be binding on all parties in that changed or reduced form.

C. The rights and obligations of the parties set out in This Agreement shall
pass to any permitted successor in title, unless stated otherwise herein.


D. If YOU are in breach of any term of This Agreement, WE shall have the
right to:


1. publish all text and Content relating to the claimed breach,
including YOUR name and electronic mail address and all
correspondence between US and OUR respective advisers; and
YOU hereby irrevocably give YOUR consent to such publication;


2. terminate YOUR account and refuse YOUR access to OUR
Website;


3. remove or edit Content, or cancel any order at OUR sole discretion;
and


4. issue a claim in any court of competent jurisdiction.


E. Any obligation in This Agreement intended to continue to have effect
after termination or completion shall so continue.


F. No failure or delay, by any party, to exercise any right, power, or
remedy will operate as a waiver of such right, power, or remedy, nor
shall it indicate any intention to reduce such right, power, or remedy or
any other rights in the future.


G. Any communication to be served on either party by the other shall be
delivered by hand, United States Mail, commercial currier, or electronic
mail. Said notice shall be deemed to have been delivered:


1. if delivered by hand: on the date of delivery;


2. if sent by United States Mail to the correct address: within 72 hours
of posting;

3. If sent by electronic mail to the address from which the receiving
party has last sent electronic mail or requested to receive electronic
mail at: within 24 hours if no notice of non-receipt has been
received by the sender; or


4. If sent by the Contact Form on OUR website: within 24 hours if no
notice of non-receipt has been received by the sender.

H. In the event of a dispute between the parties to This Agreement, then
they undertake to attempt to settle the dispute by engaging in good faith
with the other in a process of mediation before commencing arbitration
or litigation. In the event the parties engage in a process of mediation or
arbitration, said process shall take place in the City of Gonzales, State of
Louisiana, United States of America, unless a different forum can be
agreed upon by both parties.


I. So far as Louisiana law permits, and unless otherwise stated, This
Agreement does not give any right to any Third Party.


J. Neither party shall be liable for any failure or delay in performance of
This Agreement which is caused by circumstances beyond its
reasonable control.


K. The validity, construction and performance of this agreement shall be
governed by the laws of the State Louisiana, United States of America
and YOU acknowledge and agree that any dispute arising from This
Agreement, whether in contract, tort, statutory duty, or otherwise, shall
be litigated only in the Twenty Third Judicial District Court in the
Parish of Ascension, State of Louisiana, United States of America.


L. YOU herby waive YOUR any right, which YOU may have, to request
any matter which arises out of the subject matter of This Agreement,
whether in contract, tort, statutory duty, or otherwise, be removed to
Federal Court.

M. YOU agree to pay OUR attorney fees, costs, and expenses actually
incurred if any legal action is taken by ether party based upon any
matter, dispute, or disagreement which arises out of the subject matter
of This Agreement, whether in contract, tort, statutory duty, or
otherwise, and a judgment, order, ruling, or opinion is rendered in OUR
favor in said matter.

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