TERMS OF USE

ACCEPTANCE OF TERMS

Distressed Property Institute, a Florida Limited Liability Company ("DPI"), makes this website (the "Site"), including all information (relating to distressed properties and otherwise), documents, communications, files, text, graphics, software, products and services available through the site (collectively, the "Materials") and all services operated by DPI and third parties through the site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that DPI may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

DPI reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

DEFINED TERMS

All user-supplied information, articles, materials, files, communications, and documents are referred to collectively as "User Content." "DPI Content" means all Materials provided by Distressed Property Institute, LLC. User Content, and DPI Content may have different restrictions and conditions associated with them.

TYPES OF USERS

This website accommodates two types of users: (1) Site visitors who wish to view agent profiles or browse products and other materials and services offered through the Site. Site users will also be permitted to submit limited questions and comments to the Site forum and blog subject to the terms of this agreement. (2) This Site also accommodates Members who pay a membership fee in exchange for privileges on the Site. Please be aware that certain activities on this Site, including the creation and maintenance of profiles and the free access to forum and blog postings, may be limited to Members. Members may be required to create a profile and provide certain information, such as an email address.

The terms and conditions expressed in this agreement apply to all users and visitors of this Site.

Members: If you are a member, your membership subscription is effective for the period of one year and continues upon your payment of the annual membership fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive membership term, until you cancel your membership. This will be done without prior notice to you. Should you choose to cancel your membership for any reason before expiration of the one-year membership term for which you have paid, you may cancel your membership and terminate further billing by calling. In no event will you be eligible for a prorated refund of any portion of your paid membership fee. The current membership fee is $99, however DPI reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership. 

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, DPI does not grant any express or implied rights to use the Materials and Services or any of DPI's designations or trademarks. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by DPI, this Site may also make available materials, information, and services provided by third parties, including Member agents who advertise their services on the Site (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. DPI offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by DPI. You agree that you will not hold DPI responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the DPI Content and User Content available on this Site subject to the following conditions: 

  1. The DPI Content and User Content may be used solely for personal, informational, and internal purposes.
  2. The DPI Content and User Content may not be modified or altered in any way.
  3. The DPI Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
  4. You may not remove any copyright or other proprietary notices contained in the DPI Content and User Content.
  5. DPI reserves the right to revoke the authorization to view, download, and print the DPI Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from DPI.
  6. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the DPI Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of DPI or other third parties. You are not permitted to use the Marks or any of DPI's designations without the prior written consent of DPI or such third party that may own the Marks.

LICENSE TO DPI FOR USER CONTENT

Certain Services offered through this Site accommodate or require User Content, such as the Site forums, blogs and agent profiles. By submitting User Content to this Site you grant DPI a perpetual worldwide, royalty-free, non-exclusive copyright license to modify, compile, reproduce, publish, distribute, commercialize, monetize, sell and otherwise use such content for advertising and promotion without limitation. You also grant DPI the right to publicly display and perform any content you upload to this Site. If you do not agree to have your uploaded content used by DPI in the manner outlined in this agreement, please refrain from uploading or submitting any User Content to or through this Site.

PROHIBITED COMMUNICATIONS

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another Member's account, password, service, or system without authorization from DPI; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

MANAGING CONTENT AND COMMUNICATIONS

DPI reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. DPI may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, DPI will have no liability related to User Content. DPI disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and DPI or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, DPI makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any distressed property informational products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) you will financially profit from using DPI's process and methodology with respect to distress properties.

This Site could include technical or other mistakes, inaccuracies, or typographical errors. DPI may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date at times, and DPI will make a good-faith effort, but makes no commitment, to update such Materials or Services.

You understand and acknowledge that (i) DPI does not control, endorse, or accept responsibility for any content, advice, products, or services offered by third parties, Members or Certified Distressed Property Experts through the Site, including, without limitation, third parties accessible through links on the Site; (ii) DPI makes no representation or warranties whatsoever about any such third parties or Site Members, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) DPI shall not be liable or responsible for any content, products, or services offered by third parties, Members and Certified Distressed Property Experts. Any in-person meeting between you and another site visitor, Member or Certified Distressed Property Expert is done at your own risk. DPI does not screen the Site visitors or Members and therefore cannot take responsibility for the integrity of its users and/or Members. Please take reasonable safety precautions when meeting Site Users in-person or when dealing with other Site users generally.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. DPI assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site or Site users. No advice or information, whether oral or written, obtained by you from DPI or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

PERSONAL INFORMATION AND PRIVACY

Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of DPI or others.

LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall DPI, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not DPI has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party (including Members and Certified Distressed Property Experts) on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

INDEMNITY AND LIABILITY

You agree to indemnify and hold DPI, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by DPI from its offices within the state of Texas, United States of America. By accessing this Site, you and DPI agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause below, you and DPI also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within Travis County, State of Texas with respect to such matters.

Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate DPI's intellectual property rights, DPI may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between DPI and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by DPI to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision. 


Return Policy:

The Distressed Property Institute has a 100% satisfaction guarantee. If you are not satisfied that the CDPE Designation course provided you with real value, simply return our course materials to receive your refund. Requests for refunds must be made prior to your completion of the CDPE examination and prior to CDPE certification. Refunds will be generated in the same method in which you registered. There will be a 4% service fee for all refunds.

Following is specific return information for our two course options:

  • Distance Learning: Students of our CDPE Distance Learning courses have 90 days to complete the course once registered. However, there is a 30-day timeframe from the date you registered within which to return the materials to qualify for the refund. The Distressed Property Institute will fully refund the cost to take the course and the original shipping costs, minus a 4% service fee.

    Returned materials should be shipped to the following address:

    ATTN: Returns Department
    The Distressed Property Institute, LLC
    1122 South Capital of Texas Hwy Ste. 125
    Austin, TX 78746
     
  • CDPE Live Event: To qualify for a refund, students of our CDPE Live Events must return all materials to the instructor prior to leaving the event. Simply inform the instructor that you would like a refund, and our Returns Department will generate your reimbursement.

Cancellation Policy:

If you have registered for a CDPE Live! event, you may cancel your registration up to two-weeks prior to the event and receive a full refund. There will be a 4% service fee for all refunds. Within the two-week period, you may request to transfer to another CDPE Live! event or receive access to our CDPE Distance Learning course. If you decide to take the CDPE Distance Learning course, please inform Member Services to have your materials shipped out to you.

All events are subject to cancellation. In the event a course is canceled, for any reason, the Distressed Property Institute will work to reschedule or transfer students to other events, but is not responsible for reimbursing travel costs.

Recording CDPE Live Classes:

DPI often captures CDPE Live classes by video recording, by which all or some attendees may be recorded. These video recordings may be used for educational, training, analysis and promotional purposes. By attending, you grant DPI consent to record you, to use your image and likeness for commercial purposes, and you agree to release your rights to the recorded material. You agree that DPI shall have the perpetual right to derive profits from any such videos and recordings with no obligation to compensate you.

CDPE Membership:

Your membership in the CDPE organization includes:

  • Your profile featured on our "Find a CDPE" tool
  • Montly industry update webinars
  • Access to the CDPE Community Forum
  • Full access to the CDPE logo
  • Limited license to use forms and select advertising materials
  • Access to the CDPE Video Archives and Resources Library
  • Updates to all materials
  • Access to exclusive deals from authorized vendors
  • Special discounts for future events
If you cancel, do not renew, or are otherwise have your membership revoked, you will no longer have access to these member benefits. However, having completed the CDPE training course, you will retain your ability to use the designation, which does not include use of CDPE logo.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to team@cdpenow.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

USAGE OF DPI'S DESIGNATIONS

  1. This Agreement. Under this license agreement ("Agreement") between Distressed Property Institute ("DPI") and you, and upon your acceptance of these Terms and Conditions, DPI grants to you a limited, personal, non-transferable, non-assignable, royalty-free, non-exclusive, revocable license to use the CDPE, Certified Distressed Property Expert, CDPE Advanced and StarPower designations (collectively referred to herein as the "Marks"). You understand that misrepresentation or omission of facts is cause for denial or revocation of the right to use the Marks. You further understand that you may not use any of the Marks until you receive official notification of your authorization to do so by DPI. You affirm that you have read, understand, and voluntarily agree to be bound by the terms and conditions set forth below.
  2. Ownership of the Marks. You understand that the Marks are owned and registered by DPI and DPI maintains full authority over the authorization to use the Marks.
  3. Authorization. Subject to the terms and conditions outlined in this Agreement, DPI grants to you a limited, personal, non-transferable, non-assignable, royalty-free, nonexclusive, revocable license to use DPI's Marks in connection with advertising your services to the public. No other rights are granted except for those explicitly granted herein.
  4. Term of Use. Permission to use the Marks exists solely for the authorization period, as defined by DPI, or for the term of your CDPE Membership (or other related membership), as defined by DPI. At the end of such authorization period, or if DPI otherwise revokes this license, the authorization under this Agreement expires, all rights to use the DPI's Marks terminate, and you must immediately cease use of any and all Marks previously granted to you. DPI may terminate any rights you have in the use of the Marks as provided in this Agreement.
  5. Restriction on Use. Without limiting the other terms and restrictions set forth in this Agreement, and unless otherwise approved by the DPI in writing, you will not, directly or indirectly: (i) use the Marks in conjunction with the sale or promotion of any tangible goods, (ii) state or imply that DPI has made a determination on the merits or quality of any services you render, (iii) license or permit others to use the Marks, (iv) use the Marks in a manner that implies another individual or company is qualified to use the Marks, (v) use the Marks in violation of DPI's current or future policies and procedures, or (vi) use the Marks for purposes other than to publicize your certification. You understand that the designation is personal in nature and you may not imply that your brokerage company is certified by DPI. DPI reserves the right to revoke your rights to use the Marks if DPI deems your use of the Marks to be contrary to its mission, or if your use of the Marks reflects poorly on DPI or other DPI members, as DPI in its sole discretion may determine.
  6. Other DPI Trademarks. You understand the right to use DPI's Marks is limited to those Marks that DPI expressly grants you permission to use.
  7. Compliance with DPI Standards, Rules and Policies. You have read, understand, and will comply with all rules and policies contained in DPI's materials and those posted on the DPI's website, all of which are incorporated herein by reference, as they presently exist and as they may be amended from time to time.
  8. Revocation of Right to Use. DPI retains the absolute and unrestricted right to revoke, at its sole discretion, any rights you have to use any Marks, if DPI finds that you have failed to comply with DPI's Rules, Standards, Policies or Procedures or the terms and conditions outlined in this Agreement. In addition, if DPI, in its sole discretion, determines that you have misused the Marks, have acted in a manner unbecoming a Certified Distressed Property Expert, used the Marks in a manner that reflects poorly on DPI, used the Marks in a manner contrary to DPI's mission, as determined by DPI, violated any law or regulation, DPI may revoke your rights to use the Marks with no refund to you. Upon termination you agree that you will immediately cease use of the Marks, change the manner in which you use the Marks as requested by DPI, or comply with any other remedy DPI deems appropriate for the circumstances. Failure to respond to inquiries, notices, or investigations initiated by DPI or its assigned agent(s) may result in termination of any rights you have in the use of the Marks.
  9. Quality of Services. You agree that DPI may monitor the provision of services provided by you in association with the Marks and that, in the event that DPI determines that the quality of those services does not meet DPI's standards, as it determines in its sole discretion, DPI may terminate this license to use the Marks. Likewise, DPI may terminate your right to use the Marks because of your close association with another service provider that DPI in its sole discretion deems contrary to DPI's mission. Upon termination of this license, you shall immediately cease to use or display any of the Marks for any purpose whatsoever.
  10. Indemnification. Neither DPI nor its directors, officers, employees, or others acting on its behalf shall be liable to you for any actions taken or omitted in an official capacity or in the scope of employment, except to the extent that such actions or omissions constitute willful misconduct or gross negligence, and you hereby release DPI and the persons identified above from any liability for any such actions or omissions. You further agree to defend, indemnify, and hold harmless DPI and its directors, officers, employees, and agents from and against any and all claims, demands, judgments, awards, and expenses related thereto (including court costs and reasonable fees of attorneys and other professionals) brought or threatened by any third parties, including your clients, arising out of: (i) any breach by you of the terms and conditions of this Agreement; (ii) any failure by you or your authorized agents to comply with applicable laws; (iii) the services provided by you, (iv) any unauthorized representation, warranty, agreement or the like, express or implied, made by you or your authorized agents to or with any third party with respect to any acts or omissions (including statements, representations or warranties not authorized by DPI); or (v) acts or omissions taken by you in connection with the use of the Marks. Notwithstanding the above, DPI expressly reserves the right to retain separate counsel to participate in the defense or settlement of any such claims.
  11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DPI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OF BUSINESS, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE ANY OF DPI'S MARKS, INCLUDING WITHOUT LIMITATION THE REVOCATION OF YOUR AUTHORIZATION UNDER THIS AGREEMENT, EVEN IF DPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DPI'S LIABILITY UNDER THIS DECLARATION AND AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION) OR OTHERWISE, EXCEED THE AMOUNT I PAID IN APPLICATION/ATTENDANCE FEES FOR DPI'S COURSES. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  12. Entire Agreement. This Agreement and the documents incorporated herein by reference constitute the complete agreement and supersede all prior or contemporaneous oral or written representations and warranties. DPI may modify the terms and conditions in this Agreement from time to time and you shall be bound by such modification even if your use of the Marks began prior to DPI's modification to this Agreement. No modification by you to this Agreement shall be binding upon DPI unless in writing and signed by DPI.
  13. Assignment. You will not assign or transfer any of your rights or obligations under this Agreement. Any assignment or delegation by you of this Agreement or any of your rights or obligations hereunder shall be null and void. DPI may assign its rights herein, without your prior consent.
  14. Relationship. Your relationship with DPI is that of a designee granted the right to use the Marks of an institution and in no way constitutes an independent contractor, partnership, franchise, joint venture, agency, or employment relationship.
  15. Severability. If any provision of this Agreement shall contravene, be invalid under or be inconsistent with the laws of the country or jurisdiction in which this Agreement shall be performed or enforced, or any portion thereof, then such contravention, invalidity or inconsistency shall not invalidate this entire Agreement. Such provision shall be deemed to be modified to the extent necessary to render it valid and enforceable and if no such modification shall render it valid and enforceable, then this Agreement shall be construed as if not containing the provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.
  16. Waiver. No delay on the part of DPI in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single partial exercise of any power or right hereunder preclude other or further exercise thereof or the exercise of any other power or right. No waiver shall be deemed by any course of conduct or acquiescence and shall not be enforceable against DPI unless in writing, signed by DPI, and shall be limited solely to the one event.
  17. Enforcement. If you do not cease use of any and all Marks immediately upon revocation, relinquishment, or termination, or you violate the provisions of this Agreement, such action shall be considered exceptional, and you will pay any expenses DPI may incur while enforcing this provision, including, but not limited to, attorney's fees.
  18. Choice of Law; Forum. This Agreement and any action relating thereto shall be governed by and construed and enforced in accordance with the laws of the State of Texas. No choice of law rules of any jurisdiction will apply. Any dispute relating in any way to your use of the Marks shall be submitted to confidential arbitration in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate DPI's intellectual property rights, DPI may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.