TERMS AND CONDITIONS. Customer agrees that no mailer will be mailed out without Customers review and approval of the final proof. Customer further agrees that once Customer has approved a final proof and mailer that AMMS is no longer responsible for the content therein. AMMS does not represent, warrant or guarantee the response or success of any mailer provided for under this Agreement. AMMS is not responsible nor does it guarantee a particular mailing date and/or a particular delivery date. Customer acknowledges that Florida law prohibits pre-selected give aways. Customer agrees to indemnify and save AMMS harmless of and from any and all losses, claims, or damages including attorneys fees and costs which AMMS may suffer or incur in the event any claim is threatened or made against AMMS by any person, firm, corporation or otherwise for any cause of whatsoever nature, including, without limitation, for actual or alleged violation of Florida law arising from, relating to or as a result of any mailer produced under this Agreement including, without limitation, for actual or alleged infringement of any proprietary right (including, but not limited to, trademark, trade secret, patent or copyright rights). All outstanding amounts due AMMS shall accrue interest at the rate of 18% per annum plus a $150 late fee. Any suit to enforce this Agreement or any provision or portion thereof will be brought exclusively in Hillsborough County Circuit Court in and for the state of Florida. Each of the parties irrevocably waives, to the fullest extent permitted by applicable law, any objection that they may now or hereafter have to laying venue of any such dispute brought in such court or any defense
of inconvenient forum in connection therewith. The prevailing party in any legal action or proceeding brought to enforce this Agreement shall be entitled to recover from the other reasonable attorneys’ fees, costs and expenses arising out of such legal action. Any lawsuit brought by either party to this Agreement shall be determined by a Judge sitting without jury. The parties do hereby waive their rights to a jury trial.