Common use of Choice of Forum/Jurisdiction Clause in Contracts

Choice of Forum/Jurisdiction. Notwithstanding sections 20(a) and 20(b) above, if Market America suspects that UBP Coordinator has violated this Agreement, Market America may, in its sole discretion, prior to or instead of invoking the arbitration remedy contained in Section 20(b) of this Agreement, commence an action, litigation, or proceeding against UBP Coordinator seeking any and all remedies available to Market America at law or in equity, including, without limitation, an injunction in any court of competent jurisdiction in Guilford County, North Carolina or in any jurisdiction (a) in which the suspected violation occurred; (b) in which UBP Coordinator resides (or if UBP Coordinator is a business entity, in which it were created); or (c) in which UBP Coordinator may have conducted or developed his/her Market America business. In such a case, if the courts of the concerned jurisdiction are unable or unwilling to apply North Carolina law, the laws of the jurisdiction shall apply. UBP Coordinator irrevocably submits and consents to the personal jurisdiction of such courts in the event that Market America invokes this provision. UBP Coordinator further agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced against UBP Coordinator in other jurisdictions by suit on the judgment or in any other manner provided by law.

Choice of Forum/Jurisdiction. Notwithstanding sections 20(a) and 20(b) above, if Market America suspects that UBP Coordinator WebCentre Trainer has violated this Agreement, Market America may, in its sole discretion, prior to or instead of invoking the arbitration remedy contained in Section 20(b) of this Agreement, commence an action, litigation, or proceeding against UBP Coordinator WebCentre Trainer seeking any and all remedies available to Market America at law or in equity, including, without limitation, an injunction in any court of competent jurisdiction in Guilford County, North Carolina or in any jurisdiction (a) in which the suspected violation occurred; (b) in which UBP Coordinator WebCentre Trainer resides (or if UBP Coordinator WebCentre Trainer is a business entity, in which it were WebCentre Trainer was created); or (c) in which UBP Coordinator WebCentre Trainer may have conducted or developed his/her Market America business. In such a case, if the courts of the concerned jurisdiction are unable or unwilling to apply North Carolina law, the laws of the jurisdiction shall apply. UBP Coordinator WebCentre Trainer irrevocably submits and consents to the personal jurisdiction of such courts in the event that Market America invokes this provision. UBP Coordinator WebCentre Trainer further agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced against UBP Coordinator WebCentre Trainer in other jurisdictions by suit on the judgment or in any other manner provided by law.

Choice of Forum/Jurisdiction. Notwithstanding sections 20(a) and 20(b) above, if Market America suspects that UBP Coordinator has violated this AgreementSections 10, 11, 14, 15 and/or 16, Market America may, in its sole discretion, prior to or instead of invoking the arbitration remedy contained in Section 20(b) of this Agreement, commence an action, litigation, or proceeding against UBP Coordinator seeking any and all remedies available to Market America at law or in equity, including, without limitation, an injunction in any court of competent jurisdiction in Guilford County, North Carolina or in any jurisdiction (a) in which the suspected violation occurred; (b) in which UBP Coordinator resides (or if UBP Coordinator is a business entity, in which it were created); or (c) in which UBP Coordinator may have conducted or developed his/her Market America business. In such a case, if the courts of the concerned jurisdiction are unable or unwilling to apply North Carolina law, the laws of the jurisdiction shall apply. UBP Coordinator irrevocably submits and consents to the personal jurisdiction of such courts in the event that Market America invokes this provision. UBP Coordinator further agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced against UBP Coordinator in other jurisdictions by suit on the judgment or in any other manner provided by law.