These terms are governed and interpreted pursuant to the laws of the
State of Maryland, United States of America, notwithstanding any principles
of conflicts of law.
All disputes arising out of or relating to these terms shall be finally
resolved by arbitration conducted in the English language in Baltimore,
Maryland, U.S.A. under the commercial arbitration rules of the American
Arbitration Association. The parties shall appoint as sole arbitrator
a retired judge who presided in the State of Maryland. The parties shall
bear equally the cost of the arbitration (except that the prevailing
party shall be entitled to an award of reasonable attorneys' fees incurred
in connection with the arbitration in such an amount as may be determined
by the arbitrator). All decisions of the arbitrator shall be final and
binding on both parties and enforceable in any court of competent jurisdiction.
Notwithstanding this, application may be made to any court for a judicial
acceptance of the award or order of enforcement. Notwithstanding the
foregoing, On Target shall be entitled to seek injunctive relief, security,
or
other equitable remedies from the United States District Court for the
State of Maryland or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that
part will be deemed severable and will not affect the validity and enforceability
of the remaining provisions. On Target may, at its sole discretion and
without notice, revise these terms at any time by updating this posting. |